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
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04604 |
| Area of law | Civil Procedure |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04604 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 387 |
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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