Appellate Roundup Newletters

People of the State of New York v. Trevon Small (Appellate Division, First Department, December 2, 2025) This case addresses when police may escalate a street stop and frisk after an ambiguous handoff. The First Department reversed the conviction, suppressed the gun,...

The People of the State of New York v. Timothy Nesmith (Appellate Division, First Department, November 25, 2025) This case involved a resisting arrest conviction. The First Department dismissed the indictment because the proof showed Nesmith cooperated during the...

Tommy Quach v. C&A Jerome Realty, LLC, et al. (Appellate Division, First Department, November 18, 2025) The First Department dismissed the plaintiff’s slip-and-fall case against C&A Jerome Realty and Cutie Beauty. It held he is bound by the sworn statements he...

Matter of Kendall Granville Chen (deceased); Fromm et al. v. Chen et al. (Appellate Division, First Department, November 13, 2025) The case involved claims that a co‑trustee hid a family trust and diverted beneficiary distributions while collecting trustee...

Ingrid Pacheco v. Catholic Guardian Services (Appellate Division, First Department, November 6, 2025) An employee sued Catholic Guardian Services for unpaid wages under Labor Law § 191. The First Department dismissed the complaint for lacking any pay-frequency...

Nercida Clares et al. v. 600 West 183rd Street Realty Corp. et al. (Appellate Division, First Department, October 28, 2025) Tenants alleging rent overcharges missed the CPLR 3215(c) deadline after defendants defaulted. The First Department reinstated the complaint on...

Nationstar Mortgage LLC v. June O'Connor (Appellate Division, First Department, October 23, 2025) In a mortgage foreclosure case, the homeowner said she was never properly served and never authorized the lawyer who appeared for her. The First Department reversed...

The People of the State of New York v. Orlando Correa (Appellate Division, First Department, October 14, 2025) This case clarifies limits on post‑conviction orders of protection under CPL 530.13. The First Department vacated the order for a non‑victim and ruled the...

Kitt v. Incorporated Village of Babylon (Appellate Division, Second Department, October 8, 2025) A homeowner alleged the Village of Babylon negligently assured his home’s foundation was safe and issued permits, leading to damage. The Second Department reinstated the...

JSC Management Group, LLC v. West General Contractors, LLC (Appellate Division, Fourth Department, October 3, 2025) This case involves a construction/franchise dispute where the contractor asserted a broader rollout agreement beyond a single restaurant and brought...