The People of the State of New York v. David Sheard (Appellate Division, First Department, July 16, 2026)
The First Department reinstated David Sheard’s convictions for attempted child sex trafficking and attempted promoting prostitution after finding that his messages to a 16-year-old girl following her rescue were enough to support the jury’s verdict. The court said his efforts to send buyer requests and urge her to return showed he was trying to restart the same exploitative arrangement, underscoring that post-rescue communications alone can support attempt charges when they come close to reviving the scheme.
Canales v. Noble Construction Group, LLC (Appellate Division, First Department, July 16, 2026)
The First Department held that a construction worker injured while manually moving an 800-pound electrical cabinet could recover under Labor Law § 240(1), because proper equipment like a hoist or forklift should have been used. The court ruled for the worker on that claim and also gave the owners and contractor conditional contractual indemnification against the subcontractors. The decision matters because it confirms that New York’s Scaffold Law can apply when a heavy object’s weight causes the injury, even if a coworker’s trip also contributed to the accident.
Benjamin v. Nail Peak, Inc. (Appellate Division, Second Department, July 15, 2026)
In a personal injury suit against a nail salon, the plaintiff changed the alleged injury date from 2022 to 2021 in an amended complaint filed after the deadline to sue. The Second Department dismissed the amended complaint, holding that the original filing did not give the salon notice of a 2021 incident, so the later pleading could not relate back to the earlier case.
Kellman v. Diaz (Appellate Division, Second Department, July 15, 2026)
The Second Department reinstated a car-accident injury lawsuit after finding that the plaintiff’s medical evidence raised factual questions about whether he suffered a legally “serious injury” under New York’s no-fault law. The court said sworn expert opinions showing ongoing limits in the plaintiff’s lower back and left shoulder were enough to keep the case from being dismissed before trial.
Matter of Lipsky Custom Home Builders Corp. v. Groundbreakers Contracting, Inc. (Appellate Division, Second Department, July 15, 2026)
This case involved a dispute over a construction subcontract deposit after a project was terminated, with the general contractor seeking the return of money the subcontractor kept as allegedly earned payments. The Second Department reinstated the arbitration award for the general contractor and directed that it be confirmed, finding no valid basis to throw out the award. The decision matters because it underscores how hard it is to overturn an arbitration award in New York, especially based only on procedural complaints like the arbitrator deciding the case on written submissions.
Henry Harvard v. Metro Provisions, Corp., et al. (Appellate Division, Second Department, July 15, 2026)
The Second Department reinstated a motor vehicle injury lawsuit after finding factual disputes over whether the plaintiff suffered serious injuries to his hip and spine and whether the crash worsened his preexisting conditions. The ruling matters because defendants seeking dismissal in New York no-fault cases must address both the seriousness of the claimed injuries and any claim that the accident aggravated earlier injuries.
Bank of America, N.A. v. Edouard (Appellate Division, Second Department, July 15, 2026)
The Second Department ruled that Bank of America could proceed with its foreclosure case, granting summary judgment, a default judgment against nonappearing defendants, an order of reference, and the guardian ad litem’s fee. But it refused to substitute U.S. Bank as the plaintiff because the claimed post-filing transfer was not backed by admissible proof, underscoring that an endorsed note attached to the complaint can establish standing at the start of a case, while later assignments must be proven with competent evidence.
First-Citizens Bank & Trust Company v. County of Suffolk (Appellate Division, Second Department, July 15, 2026)
The Second Department ruled that First-Citizens Bank could not win summary judgment against Suffolk County over unpaid equipment lease payments because the bank did not clearly prove it had full rights to enforce the contract after the alleged assignment. The court did strike several of the County’s defenses, but otherwise left the case in place, underscoring that a party suing as an assignee must show a complete transfer of rights with clear, consistent proof.
Coleman v. Robin (Appellate Division, Second Department, July 15, 2026)
The Second Department reinstated a medical malpractice claim against two physicians after a patient alleged that, during emergency treatment for a severe allergic reaction, they improperly placed a central line into her carotid artery. The court found that the patient’s expert identified specific possible mistakes, including not using ultrasound guidance and not confirming the guidewire’s placement, which created factual disputes for trial.
John Doe J. G. v. City of New York (Appellate Division, Second Department, July 15, 2026)
The Second Department trimmed, but did not end, a Child Victims Act suit alleging sexual abuse of a foster child at a residential campus and school. It dismissed the plaintiff’s punitive damages claim against the foster care agency and threw out the school defendants’ negligent hiring and supervision claim tied to the alleged abuser because he was not their employee, but it allowed the main negligence and failure-to-report claims to continue. The decision matters because it shows that punitive damages require more than ordinary negligence, while abuse-related claims can still survive when there are factual disputes about what the defendants knew and whether they should have acted.
The People v. Derek Ratcliff (Appellate Division, Second Department, July 15, 2026)
In The People v. Derek Ratcliff, the Second Department upheld the defendant’s convictions and sentences for firearm and drug possession after finding that he validly waived his right to appeal, which blocked his claim that the sentences were excessive. But the court removed a probation condition requiring him to support dependents and meet family responsibilities, holding that it was not properly tailored to his case or tied to rehabilitation.
Vinson v. Ferrara Bros., LLC (Appellate Division, Second Department, July 15, 2026)
The Second Department ruled that Toll-related defendants were not entitled to early dismissal of a construction worker’s negligence claim after he was allegedly struck by a reversing concrete truck, because factual questions remain about whether they had authority to supervise or control the work. The court also threw out Toll’s third-party claims against the truck company after the worker settled with those defendants, confirming that a settlement can bar later contribution claims and that indemnity is unavailable where a party is accused of its own negligence.
Rhodes v. Dilena (Appellate Division, Second Department, July 15, 2026)
The Second Department reinstated medical malpractice claims alleging that doctors failed to timely diagnose and treat a patient’s breast cancer, including claims the lower court had ruled were too late. The court held that New York’s 2018 cancer misdiagnosis revival law applied, allowing the case to move forward because the claims fell within the statute’s limited window for reviving otherwise time-barred cases.
Fersko v. Haynes (Appellate Division, Second Department, July 15, 2026)
In this car accident case, the Second Department ruled that claims against one driver, Robert Kassar, should be thrown out because the evidence showed his car was stopped in traffic when it was hit from behind. The decision matters because it confirms that a stopped driver can win the case early if the other side cannot point to real evidence showing that driver was at fault.
The People v. Cory D. Williams (Appellate Division, Second Department, July 15, 2026)
The Second Department reversed Cory D. Williams’s drug possession conviction and ordered a new trial because the trial court did not properly handle his claim that prosecutors wrongly struck the only three Hispanic prospective jurors. The court said that pattern was enough to raise a discrimination concern, and once prosecutors offered race-neutral reasons, the defense had to be allowed to argue those reasons were a pretext.
Machine Tool Repair & Sales, Inc. v. Tokio Marine America Insurance Company (Appellate Division, Second Department, July 15, 2026)
This case asked whether cargo insurance covered a machine that was damaged while being unloaded at the buyer’s warehouse. The Second Department let the buyer’s coverage claim proceed because the policy and certificate had to be read together, and the certificate’s “floor to floor” wording created factual questions about when coverage ended. The Second Department also dismissed the seller’s cross-claims against the insurer, underscoring that only parties with a contract can pursue bad-faith or prompt-payment claims.
Lax v. City University of New York (Appellate Division, Second Department, July 15, 2026)
In Lax v. City University of New York, the Second Department dismissed religious hostile work environment and retaliation claims against a faculty union and its president arising from alleged discrimination at Kingsborough Community College. The court said the complaint did not show that the alleged misconduct was tied to union activity, that the union failed in its duty to represent employees fairly, or that the union itself took retaliatory action.
Kwamya v. Lewis (Appellate Division, Second Department, July 15, 2026)
In Kwamya v. Lewis, the plaintiff sought to hold a production company responsible for an alleged sexual assault by one of its employees and for related emotional-distress claims. The Second Department dismissed the claims against the company, finding that the alleged assault was a personal act outside the scope of employment and that the complaint did not adequately state emotional-distress claims. This matters because it confirms that employers generally are not liable for an employee’s alleged sexual assault when it is unrelated to the employee’s job.
In the Matter of Halle E. Price v. New York State Board of Law Examiners (Appellate Division, Third Department, July 16, 2026)
The Third Department reinstated a bar exam applicant’s challenge to a New York State Board of Law Examiners misconduct finding after the case had been dismissed for improper service. The court gave her 30 more days to serve the papers, holding that an extension was appropriate because the Board was not prejudiced, the claim may have merit, and the filing deadline had already expired.
The People of the State of New York v. Tyler Burns (Appellate Division, Third Department, July 16, 2026)
In People v. Burns, the Third Department ruled that an 18-year-old who pleaded guilty to second-degree weapon possession for a shooting-related offense must receive a youthful offender review before sentencing. Because the trial court skipped that required step, the Third Department vacated the sentence and sent the case back, while leaving the conviction in place; the decision underscores that judges must make this review on the record even if no one asks for it and even if the defendant waived the right to appeal.
The People of the State of New York v. Markeith Buchanan (Appellate Division, Third Department, July 16, 2026)
The Third Department upheld Markeith Buchanan’s manslaughter and weapon convictions stemming from a fatal shooting outside a Schenectady bar, finding the jury could reject his self-defense claim because the evidence showed he had a chance to retreat but instead retrieved a gun and returned. The court did, however, reduce his sentence by ordering all terms to run at the same time rather than consecutively, cutting the total prison term from 40 years to 25 years. This decision shows that a justification defense may fail when a defendant re-engages after an initial confrontation, even though an appellate court can still reduce a sentence in the interest of justice.
The People of the State of New York v. Dominic J. Rainey (Appellate Division, Third Department, July 16, 2026)
The Third Department threw out one terroristic-threat conviction against Dominic Rainey because his threatening Snapchat comments were made in a private exchange, and prosecutors did not prove he meant to intimidate the public at large. But it upheld his other convictions based on bomb-threat emails to a TV station and false online bomb warnings, reinforcing that private violent statements alone are not enough under this law, while direct threats and public false alarms can support felony charges.
Newland v. County Waste and Recycling Service, Inc. (Appellate Division, Third Department, July 16, 2026)
The Third Department let a truck driver’s negligence suit against County Waste move forward after he was hurt trying to free tarp straps buried under a preloaded waste trailer. It also ruled that E.J. Transport breached its subcontract by naming the wrong company as an additional insured and that County Waste is entitled to conditional contractual indemnification. This matters because it confirms that a company that loads a trailer may be liable for hazards it creates, and that insurance requirements in subcontract agreements will be enforced strictly.
The People of the State of New York v. Ronald Occhipinti (Appellate Division, Third Department, July 16, 2026)
The Third Department reversed a ruling that raised Ronald Occhipinti’s sex offender risk level from presumptive level two to level three without labeling him a sexually violent offender. The court said the trial judge could consider his other unscored sex crime convictions when deciding whether a higher level was justified, but also had to weigh his age, blindness, and frailty; it also held that the sexually violent offender designation was required by law.