NY Appellate Division: Wilmington Sav. Fund Socy. v. Schwartz Appeal Decided

• The New York Appellate Division, Second Department, issued a decision in Wilmington Sav. Fund Socy., FSB v. Schwartz on September 2, 2026.
• Wilmington Savings Fund Society, FSB is the respondent, while Yitzchok Schwartz and others are listed as appellants in the case.
• The ruling, identified as 2026 NY Slip Op 05213, is currently uncorrected and subject to revision before its official publication.
• This decision was published by the New York State Law Reporting Bureau in accordance with Judiciary Law § 431.

A crucial aspect of this particular decision is its current status as "uncorrected and subject to revision before publication in the Official Reports."

The New York Appellate Division, Second Department, recently issued a decision in the case of Wilmington Sav. Fund Socy., FSB v. Schwartz. This ruling, identified as 2026 NY Slip Op 05213, was handed down on September 2, 2026. The proceedings involved Wilmington Savings Fund Society, FSB, acting as the respondent, against appellants Yitzchok Schwartz and other parties. The case also lists additional defendants, indicating a multi-party dispute.

This appellate review stems from a prior proceeding, with the Appellate Division, Second Judicial Department, now weighing in on the matter. The designation of Wilmington Savings Fund Society, FSB as the respondent signifies that the financial institution prevailed in an earlier stage of the litigation, and its position is now being defended on appeal. Conversely, Yitzchok Schwartz and the co-appellants are challenging that prior determination, seeking a reversal or modification from the higher court.

This decision, like all rulings from New York's appellate courts, is published by the New York State Law Reporting Bureau. This bureau operates under the authority of Judiciary Law § 431, which mandates the official reporting of judicial decisions to ensure public access and legal precedent. The slip opinion number, 2026 NY Slip Op 05213, serves as a unique identifier for this specific ruling, allowing legal professionals and the public to track and reference the case.

A crucial aspect of this particular decision is its current status as "uncorrected and subject to revision before publication in the Official Reports." This designation means that while the decision has been rendered and made public, it may still undergo minor edits for typographical errors, grammatical corrections, or other non-substantive changes. Such revisions are standard practice in the appellate process to ensure the final published version in the Official Reports is accurate and polished, though the substantive legal findings are generally stable at this stage. The process ensures that the final, authoritative version of the Uncorrected New York appellate decision is eventually made available for permanent record.

The issuance of a decision by the New York Appellate Division, Second Department, carries significant weight within the state's judicial system. As an intermediate appellate court, its rulings establish binding precedent for lower courts within its jurisdiction, which encompasses several counties in New York. The Yitzchok Schwartz appeal represents a formal challenge to a lower court's judgment, and the outcome from this appellate body will dictate the next steps for the parties involved, potentially affirming, modifying, or reversing the original decision.

While the decision is currently uncorrected, its public release provides immediate insight into the court's reasoning and disposition of the appeal. Legal practitioners often rely on these slip opinions for timely updates on legal developments, even before their final publication in the Official Reports. The formal publication process, governed by Judiciary Law § 431, ensures that all significant judicial pronouncements, including those from the Supreme Court of the State of New York, Appellate Division, Second Judicial, are systematically recorded and made accessible, contributing to the body of New York case law.

Source: Reporting based on a New York appellate decision.