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Wednesday, March 4, 2026
FORT CRE v Karasick - Appellate Division Ruling on Guaranty Enforcement
The Appellate Division of the Supreme Court of New York reversed a lower court's decision to grant a stay in a guaranty enforcement action. The court ruled that defenses to a related Minnesota foreclosure action are irrelevant to the enforcement of absolute and unconditional guaranties of payment.
People v. O'Connor - Appellate Division Opinion
The Appellate Division, First Department, affirmed a judgment of the Supreme Court, Bronx County, in the case of People v. O'Connor. The court found the sentence imposed on the defendant-appellant not to be excessive.
Paitchell v. Goldman - Breach of Contract and Constructive Trust Dispute
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision denying plaintiffs' motion for summary judgment and granting defendants' cross-motion to dismiss claims for breach of contract and imposition of a constructive trust in the case of Paitchell v. Goldman. The decision pertains to the interpretation of a post-nuptial agreement regarding jointly held property.
Matter of AN.D. (A.D., J.A.) - Child Neglect Appeal
The Appellate Division of the Supreme Court of New York affirmed a Family Court decision finding a father neglected his children due to significant educational neglect. The court upheld the Family Court's decision to conform pleadings to the proof, noting the father had a full opportunity to address the allegations.
Morrissey v. Morrissey - Matrimonial Action Dismissal
The Appellate Division of the Supreme Court of the State of New York affirmed the denial of the plaintiff's motion to consolidate a Family Court proceeding and granted the defendant's cross-motion to dismiss the matrimonial action. The court found that a prior pending action in Queens County involved the same parties, subject matter, and relief sought.
Matter of Cook v. New York City Hous. Auth. - Appellate Court Decision
The Appellate Division of the Supreme Court of the State of New York affirmed a lower court's decision denying a petitioner's motion for leave to serve a late notice of claim against the New York City Housing Authority. The court found the petitioner failed to provide a reasonable excuse for the delay and that the Authority did not acquire actual knowledge of the claim within the statutory period.
Friedman v. Garnet Wines & Liqs. Inc. - Defamation Claim Ruling
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision to dismiss a defamation claim in Friedman v. Garnet Wines & Liqs. Inc. The court found that the statement made by the defendant, viewed in context, constituted nonactionable opinion. The ruling was issued on March 3, 2026.
Colon v. City of New York - Slip and Fall Action
The Appellate Division of the Supreme Court of the State of New York reversed a lower court's decision, denying a motion for summary judgment in a slip and fall case against Rita Marsicano. The court found that the defendant failed to establish freedom from common-law liability regarding an icy condition on her property.
Arita v. FDS Assoc., LLC - Court Opinion
The Appellate Division of the Supreme Court of New York modified an order regarding a motion by third-party defendant The City of New York. The court granted limited discovery while affirming the denial of other requests, impacting the procedural path of the case.
People v. Taveres - Sex Offender Classification
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision adjudicating Rolando Taveres a level two sexually violent offender under the Sex Offender Registration Act. The court found sufficient evidence for the risk assessment and declined to grant a downward departure.
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