Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05182
Matter of Caceres v NYC Health & Hosps.
Read the official decision: 2026 NY Slip Op 05182
Holding The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the petitioners established a reasonable excuse for the delay due to the infant’s medical condition and that the public corporation was not prejudiced. The proposed notice of claim was deemed served nunc pro tunc.
The court’s words
the petitioners established a reasonable excuse for the delay, to wit, the serious medical condition of the infant petitioner
2026 NY Slip Op 05182, at the official text
the petitioner[s] made an initial showing that NYCHHC was not prejudiced by the delay in serving the notice of claim
2026 NY Slip Op 05182, at the official text
the Supreme Court improvidently exercised its discretion in denying the petition and, in effect, dismissing the proceeding
2026 NY Slip Op 05182, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05182 |
| Area of law | Municipal Law and Government Liability · Medical Malpractice |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05182 |
| 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 | 350 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Caceres v NYC Health & Hosps., 2026 NY Slip Op 05182 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05182/
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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