Opinion Excerpt

Pemberton v Liberty Ashes Inc. 2026 NY Slip Op 06255 October 27, 2026 Appellate Division, First 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. Joshua Pemberton, Plaintiff-Appellant, v Liberty Ashes Inc. et al., Defendants-Respondents. Decided and Entered: October 27, 2026 Index No. 804637/24|Appeal No. 7363|Case No. 2025-04982| Before: Moulton, J.P.,