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Appeal request deniedCivilCourt of AppealsAppeal
Mock v. New York Athletic Club of City of N.Y.
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 2, 2026
- Docket
- MOTION NO. (74/26) CA 25-00248.
- Judges
- Not listed
Cited as2026 NY Slip Op 05693
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
The the worker's lawsuit against the club and construction company.
This decision · Appeal
Appeal request denied
TL;DR
- 1A worker claims he got hurt at a New York Athletic Club due to unsafe conditions during a construction project.
- 2He sought to appeal a court decision that his lawsuit against the club and the construction company.
- 3The court decided to deny the appeal request, leaving the initial ruling in place.
Key issues
- 1
Should the court allow an appeal in this civil case?
Holding · The court denied the motion for leave to appeal, upholding the prior judgment.
Why it matters
This case affects the worker's chance to seek compensation for his injury and sets a precedent for similar civil appeals.
If you were the judge?
A man sues a New York club over an accident. Should he get a second chance to appeal?
- 1A worker claims he was injured at the New York Athletic Club due to unsafe conditions during a construction project.
- 2He wants to appeal a decision that denied his initial lawsuit against the club and the construction company that worked there.
- 3The club argues the lawsuit should not proceed, while the worker seeks a chance to present his case again.
Should the court let him appeal his case?
Parties
Appellant
Mock
Appellee
New York Athletic Club of City of N.Y.
Roles are inferred from the case caption.
Opinion of the court
Mock v New York Athletic Club of City of N.Y.
2026 NY Slip Op 05693
October 2, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
ANTHONY M. MOCK, PLAINTIFF-RESPONDENT,
v
NEW YORK ATHLETIC CLUB OF CITY OF NEW YORK, DEFENDANT-APPELLANT, AND NEXT LEVEL CONSTRUCTION & MAINTENANCE, INC., DEFENDANT. NEW YORK ATHLETIC CLUB OF CITY OF NEW YORK, THIRD-PARTY PLAINTIFF-APPELLANT, NEXT LEVEL CONSTRUCTION & MAINTENANCE, INC., AND ANDERSON COURTS AND SPORTS SURFACES, INC., THIRD-PARTY DEFENDANTS-RESPONDENTS.
Decided on October 2, 2026
MOTION NO. (74/26) CA 25-00248.
Present: Curran, J.P., Bannister, Ogden, And Delconte, JJ. (Filed Oct. 2, 2026.)
[*1]
MEMORANDUM AND ORDER
Motion for reargument or leave to appeal to the Court of Appeals denied.