ESQ HQNEW YORK LAW WATCH

Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04604

Viola v SUNY Upstate Univ. Hosp.

Read the official decision: 2026 NY Slip Op 04604

Holding The court reversed the lower court’s denial of the application to file a late claim, finding that the claimant demonstrated the appearance of merit and that the delay was minimal. The court determined that the evidence of excessive force during restraint was sufficient to show a valid cause of action, despite the attorney’s delay in obtaining records.

The court’s words

the court abused its discretion in denying claimant's application

2026 NY Slip Op 04604, at the official text

a claim has the appearance of merit if it is not . . . patently groundless, frivolous or legally defective

2026 NY Slip Op 04604, at the official text

the delay in seeking permission to file a late claim—about 12 weeks—was minimal

2026 NY Slip Op 04604, at the official text

the security officers and nurses may have caused her injuries, as she alleges, by negligently applying excessive force

2026 NY Slip Op 04604, at the official text
CourtAppellate Division, Fourth Department
DecidedJuly 24, 2026
Citation2026 NY Slip Op 04604
Area of lawCivil Procedure
WeekWeek ending July 25, 2026
Official textOfficial decision: 2026 NY Slip Op 04604
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id387

Recommended citation

ESQ HQ, New York Law Watch, Viola v SUNY Upstate Univ. Hosp., 2026 NY Slip Op 04604 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04604/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published July 24, 2026. Updated July 24, 2026.