Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04658
Fleischman v State of New York
Read the official decision: 2026 NY Slip Op 04658
Holding The Court of Claims did not abuse its discretion in denying the motion for permission to file a late claim because the proposed claim was conclusory and failed to demonstrate merit without expert medical opinion. The denial was affirmed, though it was without prejudice to the filing of a new application with a more particularized showing.
The court’s words
whether the claim appears to be meritorious
2026 NY Slip Op 04658, at the official text
general or conclusory allegations of negligence or medical malpractice are insufficient
2026 NY Slip Op 04658, at the official text
the alleged malpractice or negligence cannot be discerned from the face of the submitted records without the aid of expert medical opinion
2026 NY Slip Op 04658, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04658 |
| Area of law | Medical Malpractice · Civil Procedure |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04658 |
| 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 | 499 |
Recommended citation
ESQ HQ, New York Law Watch, Fleischman v State of New York, 2026 NY Slip Op 04658 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04658/
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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