Pandy v. Teachers Ins. & Annuity Assn. of Am.
Docket 351 CA 24-00573
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Civil
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02570
- Docket
- 351 CA 24-00573
Appeal from an order of Supreme Court, Erie County, granting defendants' motion for summary judgment.
Summary
The Appellate Division, Fourth Department affirmed a Supreme Court (Erie County) order granting summary judgment to defendants in a dispute brought by plaintiff-appellant Colleen Pandy, as executor and individually, against Teachers Insurance and Annuity Association of America and individual defendants. The appellate court agreed with the lower court that the moving defendants were entitled to judgment as a matter of law, resolving the appeal against the plaintiff. The decision is brief and affirms the dismissal of the plaintiff’s remaining claims without further comment or costs awarded to the appellant.
Issues Decided
- Whether defendants were entitled to summary judgment against the plaintiff's claims.
- Whether the record presented genuine issues of material fact requiring denial of summary judgment.
Court's Reasoning
The Appellate Division affirmed because the Supreme Court correctly determined that no triable issues remained to defeat the defendants' entitlement to judgment as a matter of law. The appellate court accepted the lower court's assessment of the facts and applicable law and found no reversible error in granting summary judgment to defendants. The short order does not elaborate further reasoning or distinguish legal authority.
Parties
- Plaintiff
- Colleen Pandy, individually and as the executor of the estate of Cynthia Galvin, deceased
- Defendant
- Teachers Insurance and Annuity Association of America
- Defendant
- James J. Galvin, III
- Defendant
- Robert W. Coyle, as executor of the estate of Julia M. Coyle, deceased
- Judge
- Donna M. Siwek
- Judge
- Whalen, P.J.
- Judge
- Curran, Ogden, Nowak and Delconte, JJ.
Key Dates
- Decision date
- 2026-04-24
- Lower court order entered
- 2024-03-06
- Appellate Division docket/decision identifier
- 2026-04-24
What You Should Do Next
- 1
Consider seeking leave to appeal to New York Court of Appeals
If the plaintiff believes controlling legal issues of statewide importance exist, she should consult counsel about filing a leave application and ensure it is timely under Court of Appeals rules.
- 2
Review judgment and case status
Counsel for the prevailing defendants should prepare and enter the final judgment and assess whether any remaining claims or post-judgment motions exist to close the case fully.
- 3
Evaluate settlement or enforcement options
Depending on the judgment's terms, parties should consider enforcement steps or settlement negotiations; prevailing defendants may seek costs or other post-judgment relief if appropriate.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the lower court's grant of summary judgment to the defendants, meaning the plaintiff's claims were dismissed at summary judgment and that dismissal stands.
- Who is affected by this decision?
- The plaintiff, Colleen Pandy (individually and as executor), is affected because her appeal failed; the defendants prevailed and the summary judgment dismissal remains in place.
- Does this opinion explain the court's detailed reasoning?
- No; the published order is brief and simply affirms the lower court's order without extended discussion of legal analysis.
- Can the plaintiff seek further review?
- The plaintiff may seek permission to appeal to the Court of Appeals if eligible, but would need to follow the state rules for leave to appeal and any applicable deadlines.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Pandy v Teachers Ins. & Annuity Assn. of Am. - 2026 NY Slip Op 02570 Pandy v Teachers Ins. & Annuity Assn. of Am. 2026 NY Slip Op 02570 April 24, 2026 Appellate Division, Fourth Department COLLEEN PANDY, INDIVIDUALLY AND AS THE EXECUTOR OF THE ESTATE OF CYNTHIA GALVIN, DECEASED, PLAINTIFF-APPELLANT, v TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, JAMES J. GALVIN, III, AND ROBERT W. COYLE, AS EXECUTOR OF THE ESTATE OF JULIA M. COYLE, DECEASED, DEFENDANTS-RESPONDENTS. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 351 CA 24-00573 Present: Whalen, P.J., Curran, Ogden, Nowak, And Delconte, JJ. WOODS OVIATT GILMAN LLP, BUFFALO (WILLIAM F. SAVINO OF COUNSEL), FOR PLAINTIFF-APPELLANT. WALSH PIZZI O'REILLY FALANGA LLP, NEW YORK CITY (JOSEPH L. LINARES OF COUNSEL), NEW YORK CITY, FOR DEFENDANT-RESPONDENT TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA. THE MCGORRY LAW FIRM, LLP, BUFFALO (MICHAEL P.J. MCGORRY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS JAMES J. GALVIN, III, AND ROBERT W. COYLE, AS EXECUTOR OF THE ESTATE OF JULIA M. COYLE, DECEASED. Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered March 6, 2024. The order, inter alia, granted the motion of defendants for summary judgment. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Entered: April 24, 2026 Ann Dillon Flynn