New York Law Watch
This week so far (closes November 14, 2026)
64 decision records: 49 meet the substance floor; 15 records are held from search listings.
Decision dates in this week run from November 10, 2026 to November 12, 2026, from 3 courts.
By court
Appellate Division, First Department
- Tenelema v H.T. Lyons Inc.2026 NY Slip Op 06587
The Appellate Division reversed the lower court’s grant of leave to serve a late notice of claim against Lavelle School for the Blind. The plaintiff failed to demonstrate that the defendant had actual knowledge of the essential facts of the claim or provided a reasonable excuse for the delay in filing.
- Shahid v New York Columbia-Presbyt. Hosp. Irving Med. Ctr.2026 NY Slip Op 06586
The dismissal of the medical malpractice complaint was affirmed because the plaintiff was not an authorized representative of the decedent’s estate and lacked the capacity to sue pro se. The court determined that only a personal representative with letters of administration could maintain the wrongful death and personal injury claims.
- Sanchez v Hanne2026 NY Slip Op 06585
The court affirmed summary judgment dismissing the plaintiff’s claims for serious injury because the defendants established that the plaintiff’s left knee injury was not causally related to the accident. The plaintiff failed to raise an issue of fact as his medical records were uncertified and his expert report was unaffirmed, leaving the defendants’ radiologist’s findings of chronic degeneration unrefuted.
- Matter of C.R.2026 NY Slip Op 06584
The petition was properly dismissed for facial insufficiency because the uncertified, unverified, and unsigned grand jury minutes submitted were hearsay, and the petition did not otherwise contain any nonhearsay allegations. The Presentment Agency was permitted to appeal the dismissal order because the respondent’s motion to dismiss was filed untimely, causing the order to be entered after the fact-finding hearing had commenced.
- People v Fioranelli2026 NY Slip Op 06582
The conviction for assault in the third degree and official misconduct was affirmed because the evidence was legally sufficient and not against the weight of the evidence. The court determined that the defendant, a police officer, lacked reasonable grounds to use pepper spray on a restrained victim.
- People v J.M.2026 NY Slip Op 06580
The appellate court affirmed the conviction and sentence but modified the judgment by striking probation conditions 14, 15, and 24 as unopposed. The court upheld the remaining probation conditions as reasonably related to the defendant’s rehabilitation, while declining to review unpreserved constitutional challenges.
- People v Henry2026 NY Slip Op 06579
The conviction for attempted burglary in the second degree was reversed due to ineffective assistance of counsel, as the grand jury evidence was legally insufficient to establish the requisite intent to commit a crime. The court found that counsel’s failure to properly litigate the insufficiency of the evidence after receiving the grand jury minutes implicated the voluntariness of the defendant’s guilty plea and waiver of appeal.
- People v Jimenez2026 NY Slip Op 06577
The court held that the detective lacked a good faith basis to believe the driver had authority to consent to the search of a bag she explicitly denied owning. Consequently, the search was unlawful, and the resulting evidence, including narcotics and items from a subsequent warrant, was suppressed.
- Matter of McGruder v Abyssinian Baptist Church in the City of N.Y., Inc.2026 NY Slip Op 06576
The court affirmed the dismissal of a petition to set aside a pastoral election, finding that the church bylaws required election by a majority of votes cast rather than all eligible members. The court further held that the petitioners’ allegations of irregularities were conclusory and failed to demonstrate fraud or a substantial likelihood that the election outcome was affected.
- Larrea v Sanitation Salvage Corp. et al.2026 NY Slip Op 06575
The court affirmed the exclusion of defendants’ biomechanical expert because the methodology was not generally accepted and lacked probative value due to unsupported assumptions. The court modified the judgment to reduce the past pain and suffering award from $2,000,000 to $1,350,000, finding the original amount materially deviated from reasonable compensation.
- Matter of S.L. v R.S.M.2026 NY Slip Op 06574
The Appellate Division affirmed the Family Court’s denial of the father’s petition for custody modification, finding no change in circumstances and upholding the lower court’s credibility determinations. The court also determined that any error in admitting the mother’s diary was harmless because the father failed to demonstrate prejudice.
- Iron Horse Credit LLC v Wilner2026 NY Slip Op 06573
The Appellate Division modified the lower court’s order to reinstate the plaintiff’s claim for breach of a release provision, finding that the defendant failed to show the release utterly refuted the plaintiff’s reasonable interpretation of the clause. The court also affirmed the denial of sanctions, noting the law firm was not a respondent and the omission was corrected in the amended complaint.
- Matter of Falu v Metropolitan Transp. Auth.2026 NY Slip Op 06571
The Appellate Division affirmed the dismissal of the petition as time-barred because the petitioner commenced the proceeding nearly one year after the final administrative determination. The court held that the determination was final and binding, and the dismissal was proper despite the petitioner’s arguments regarding the merits of his disciplinary suspension.
- De Los Santos v 512-514 Realty LLC2026 NY Slip Op 06570
The court affirmed the denial of summary judgment on the negligence claims due to triable issues of fact regarding smoke alarms, door maintenance, and superintendent training. However, the court granted summary judgment dismissing the cause of action for negligent infliction of emotional distress because the plaintiff failed to witness the decedent’s injury.
- BP Energy Company v LOLA Energy PetroCo LLC2026 NY Slip Op 06569
The Appellate Division affirmed the preliminary injunction enjoining the defendant from distributing encumbered proceeds, finding that the plaintiff demonstrated a probability of success on the merits, irreparable harm due to unauthorized asset transfers, and a favorable balance of equities. The court noted that the injunction merely enforced existing contractual restrictions against distributions during default.
- People v Wilson2026 NY Slip Op 06558
The court modified the judgment to strike probation conditions requiring the payment of a surcharge and fees, as well as a prohibition on gang affiliation, finding them not reasonably related to rehabilitation. The court affirmed the remaining probation conditions, including those related to drug testing and avoiding disreputable people, as reasonably related to the defendant’s rehabilitation.
- Walsh v Singho2026 NY Slip Op 06568
The Appellate Division reversed the summary judgment granted to the defendants, finding that the dashboard video and affidavits raised triable issues of fact regarding whether the defendant driver failed to yield and whether that failure was a proximate cause of the accident. The court determined that the police report and officer’s testimony were insufficient to establish the absence of fault.
- Ukekweh v City of New York2026 NY Slip Op 06567
The complaint against defendant Tabaroki was properly dismissed because the plaintiff failed to plead actual malice, a required element for a malicious prosecution claim. Additionally, the plaintiff’s Section 1983 claim was unpreserved and lacked evidence that the defendant acted under color of law.
- Then v Meridian Realty Inc.2026 NY Slip Op 06566
The appellate court reversed the summary judgment granted to the property owners because they failed to eliminate issues of fact regarding the plaintiff’s ability to identify the cause of her fall and the existence of constructive notice. The court affirmed the dismissal against a different defendant based on the plaintiff’s testimony that the accident occurred elsewhere.
- Tacora Nantucket Fin. LLC v Nantucket Capital Corp.2026 NY Slip Op 06565
The Appellate Division reversed the lower court’s denial of a preliminary injunction, granting an anti-suit injunction to stop defendants from prosecuting a California lawsuit. The court found that defendants acted in bad faith by concealing the California filing while engaging in settlement discussions and explicitly aiming to invalidate New York forum selection clauses.
- Hai Po Sun v Jung Hoon Son2026 NY Slip Op 06564
The Appellate Division reversed the summary judgment dismissing the defendant’s counterclaim, finding that triable issues of fact existed regarding whether the plaintiff acted in a personal capacity out of malice to interfere with the defendant’s employment. The court also reinstated the defendant’s affirmative defense of setoff because the alleged damages exceeded the amount due on the promissory note.
- Stone Sec. Serv. & Investigations Inc. v Panoramic Sec. & Consulting Servs., LLC2026 NY Slip Op 06563
The Appellate Division affirmed the lower court’s order holding defendants in civil contempt for violating a preliminary injunction that prohibited communication with a specific client. The court found that the defendants knowingly violated the injunction, and that willfulness is not a required element for civil contempt.
- People v Campbell2026 NY Slip Op 06560
The court affirmed the conviction and sentence, holding that the defendant waived his right to appeal the excessive sentence claim. Additionally, the court found that the defendant waived his argument regarding jury determination of tolling periods by admitting the allegations in the Predicate Felony Statement.
- People v Francois2026 NY Slip Op 06559
The court modified the probation conditions by striking those requiring payment of surcharges, firearm restrictions, gang-related restrictions, and consent to searches, as they were not reasonably related to rehabilitation. The court affirmed the remaining conditions, including those related to substance abuse and family support, as reasonably necessary.
- People v Rivera2026 NY Slip Op 06557
The conviction for burglary in the second degree was reversed because the trial court erroneously instructed the jury that the defendant could be convicted based on unlawfully remaining in the building. Because the jury was presented with mutually exclusive circumstances for entry and remaining, the error was not subject to harmless error analysis.
- People v Canady2026 NY Slip Op 06556
The court affirmed the defendant’s designation as a level three sexually violent offender, rejecting the argument that age-based risk factors should be ignored based on scientific research. Although the lower court’s findings were insufficient, the upward departure was justified by the severity of the defendant’s conduct, including rape and murder.
- Morton v Abihssira2026 NY Slip Op 06555
The court affirmed the dismissal of the plaintiff’s action because he lacked standing under RPAPL 1501(4) after his interest in the property was extinguished by a prior foreclosure sale. Additionally, the court found that the plaintiff had constructive notice of the foreclosure action as a tenant, binding him to the proceedings.
- Matter of A.M. (N.L.)2026 NY Slip Op 06554
The Appellate Division affirmed the Family Court’s finding that the appellant was legally responsible for the child and had abused the child, as the evidence established caretaking responsibilities and nonaccidental trauma. The court rejected the appellant’s claims of ineffective assistance of counsel and bias, finding that counsel pursued a reasonable strategy and no specific prejudicial conduct was identified.
- Logrono v City of New York2026 NY Slip Op 06553
The Appellate Division reversed the lower court’s denial of summary judgment, finding that the plaintiff was entitled to judgment as a matter of law on her Labor Law § 241(6) claims. The court determined that the doorway constituted a passageway and the storage area a working area, satisfying the requirements of the applicable Industrial Code regulations.
- Jesus M. Zeno, P.C. v Grullon2026 NY Slip Op 06552
The court affirmed the denial of the defendant’s motion to vacate the default judgment, finding that her bare denial of service was insufficient and that she waived the defense by filing a notice of appearance. The court modified the turnover order to exclude pension monies held in trust and real property located in the Dominican Republic, as these are exempt from turnover under CPLR 5225.
- Deshmukh v Kasowitz Benson Torres LLP2026 NY Slip Op 06550
The appellate court affirmed the order compelling arbitration, determining that a subsequent amended and restated partnership agreement containing an arbitration clause superseded a prior agreement that lacked such a clause. The court held that the subsequent agreement’s explicit language terminating and superseding prior agreements applied to disputes predating the new agreement, even where the employment relationship involved distinct periods.
- Matter of Anonymous v Trustees of Columbia Univ. in the City of N.Y.2026 NY Slip Op 06549
The Appellate Division affirmed the dismissal of the petition as time-barred because the university’s email stating admissions decisions were final constituted an unambiguously final decision. The court found that the petitioner failed to commence the proceeding within the statutory four-month period and did not demonstrate fraud to justify equitable estoppel.
Appellate Division, Third Department
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Shujing Wang)2026 NY Slip Op 06611
The court granted the respondent’s motion for reinstatement after determining by clear and convincing evidence that she satisfied the requisite character and fitness standards. The court further found that reinstatement would be in the public interest, ordering her reinstatement effective immediately.
- In the Matter of the Estate of David Howansky, Deceased. Timothy Howansky, Appellant; David Howansky Jr. et al., Respondents, et al., Respondent.2026 NY Slip Op 06604
The appeal is dismissed as moot because the successor executor resigned and an independent fiduciary was appointed, rendering the challenge to the appointment without practical consequences. Additionally, the petitioner is not an aggrieved party regarding the will’s probate because he consented to its admission.
- Cisario v Abele Tractor & Equip. Co., Inc.2026 NY Slip Op 06603
The Appellate Division affirmed the denial of the Town’s motion to dismiss because the record was insufficient to determine if the written notice provided to a highway department employee satisfied the statutory requirement of notice to the town clerk or superintendent of highways. The court found that discovery was necessary to clarify the internal forwarding of the notice and the functional equivalent of the abolished superintendent position.
- Matter of Miles v New York City Tr. Auth.2026 NY Slip Op 06602
The Workers’ Compensation Board’s disallowance of the claimant’s right wrist occupational disease claim was supported by substantial evidence because the medical opinions relied upon were not based on an understanding of the claimant’s relevant medical history. Consequently, there was a dearth of credible medical proof establishing a causal link between the distinctive feature of his occupation and the right wrist condition.
- Matter of Hahnenfeld v Good Samaritan Hosp.2026 NY Slip Op 06601
The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s request to amend her claim to include Long COVID, finding substantial evidence supported the determination that she failed to prove a causal connection between her April 2020 work-related infection and her later symptoms. The court noted that the claimant’s second, non-work-related infection and preexisting conditions complicated the medical evidence regarding causality.
- Matter of Zero Waste Ithaca v Ithaca City Planning & Dev. Bd.2026 NY Slip Op 06600
The Appellate Division affirmed the lower court’s dismissal of the petition, finding that the planning board’s issuance of a negative declaration under SEQRA was not arbitrary or capricious. The court determined that the board adequately identified pertinent areas of environmental concern and took a hard look at the evidence regarding synthetic turf risks.
- Matter of Pasinkoff v New York State & Local Retirement Sys.2026 NY Slip Op 06599
The court affirmed the dismissal of the petition, holding that the Comptroller’s determination was supported by substantial evidence and not irrational or unreasonable. The agency reasonably interpreted the statutes to set the petitioner’s contribution cessation date at the effective date of his transfer from a tier 6 to tier 4 membership, rather than his initial enrollment date.
- Matter of Bailey v Caledonia Mumford Cent. Sch. Dist.2026 NY Slip Op 06598
The court affirmed the denial of workers’ compensation benefits because the claimant failed to provide timely written notice of her injury to the employer. The Board’s determination that the employer was prejudiced by the delay and lacked adequate knowledge of the work-related injury was supported by the record.
- Matter of Scott E. v Annette D.2026 NY Slip Op 06597
The Appellate Division affirmed the Family Court’s award of primary physical custody to the father, finding that the mother’s relocation and the breakdown of the parties’ informal agreement constituted a change in circumstances. The court determined that the father provided a more stable environment given the mother’s ongoing struggle with alcoholism and her failure to disclose her relocation.
- People v Hart2026 NY Slip Op 06595
The court affirmed the conviction, determining that the defendant knowingly, voluntarily, and intelligently waived his right to appeal through a combined oral and written waiver. Consequently, the defendant’s challenges to the severity of the sentence and fine were precluded, while his plea voluntariness claims were deemed unpreserved.
- People v Ellis2026 NY Slip Op 06594
The appellate court affirmed the conviction, determining that the defendant’s appeal waiver was valid and voluntary despite being discussed after the plea. The court further held that the defendant’s unpreserved challenges to the voluntariness of the plea and the constitutionality of the statute were properly barred from review.
- People v Morrison2026 NY Slip Op 06593
The court affirmed the defendant’s convictions for second-degree murder and related offenses, finding that the weight of the evidence supported the jury’s rejection of the mental disease or defect defense. The court also determined that the trial court did not err in refusing to instruct the jury on justification and that the defendant’s claims of ineffective assistance of counsel were without merit.
- People v Tyndale2026 NY Slip Op 06592
The court affirmed the conviction, holding that the defendant’s combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary. Consequently, the defendant’s challenge to the severity of his sentence was precluded, while his competency and ineffective assistance claims were deemed unpreserved for review.
- People v Titus2026 NY Slip Op 06591
The court affirmed the judgment, holding that the defendant’s challenges to the order of protection were unpreserved for appellate review because he failed to raise them at sentencing. Additionally, the court declined to exercise its interest of justice jurisdiction because the order of protection was an agreed-upon term of the plea agreement.
- People v Valdes-Pica2026 NY Slip Op 06589
The appellate court affirmed the conviction, determining that the defendant’s valid appeal waiver precluded his challenge to the severity of the enhanced sentence. Additionally, the court found the defendant’s claim that his guilty plea was not knowingly and voluntarily made was unpreserved because he failed to pursue it in a postallocution motion.
- People v Mulverhill2026 NY Slip Op 06588
The court reversed the judgment and ordered a new trial because the trial court improperly denied for-cause challenges to prospective jurors who expressed bias based on the number of charges. The court found that the jurors were not adequately rehabilitated, and the defendant’s exhaustion of peremptory challenges rendered the error reversible.
Supreme Court, New York County
- Lee v Zeitlin2026 NY Slip Op 51894(U)
The court granted defendants’ motion for letters rogatory to obtain trading records from the London Stock Exchange, finding the evidence crucial to the litigation and unavailable through domestic means. The court determined that the request was narrowly tailored and satisfied the stringent requirements for international discovery.
Also decided
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Stone) 2026 NY Slip Op 06610 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Hao Qiao) 2026 NY Slip Op 06609 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Phillips) 2026 NY Slip Op 06608 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Gerson) 2026 NY Slip Op 06607 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Filous) 2026 NY Slip Op 06606 November 12, 2026
- People ex rel. Best v Superintendent of Clinton Corr. Facility 2026 NY Slip Op 06605 November 12, 2026
- People v Byrd 2026 NY Slip Op 06583 November 12, 2026
- People v Bush 2026 NY Slip Op 06581 November 12, 2026
- People v Williams 2026 NY Slip Op 06578 November 12, 2026
- People v Noor 2026 NY Slip Op 06596 November 12, 2026
- Invictus Global Management, LLC et al. v Corbin Capital Partners, L.P. et al. 2026 NY Slip Op 06572 November 12, 2026
- People v Scott 2026 NY Slip Op 06590 November 12, 2026
- Reyes v Hoffman St. Dev. LLC 2026 NY Slip Op 06562 November 10, 2026
- Matter of People v Maginley-Liddie 2026 NY Slip Op 06561 November 10, 2026
- Fata v Duncan 2026 NY Slip Op 06551 November 10, 2026