Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05403
Matter of Serpico-Maresca v Town of Hempstead
Read the official decision: 2026 NY Slip Op 05403
Holding The Appellate Division affirmed the denial of leave to serve a late notice of claim because the petitioner failed to demonstrate that the Town acquired actual knowledge of the essential facts constituting the claim within the statutory period. Additionally, the petitioner failed to proffer a reasonable excuse for the delay in serving the correct municipal entity.
The court’s words
the incident report failed to provide actual knowledge to the Town as it merely indicated that the child had been injured
2026 NY Slip Op 05403, at the official text
the Supreme Court providently weighed the relevant factors and exercised its discretion in denying the petition
2026 NY Slip Op 05403, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05403 |
| Area of law | Personal Injury and Negligence · Municipal Law and Government Liability |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05403 |
| 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 | 174 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Serpico-Maresca v Town of Hempstead, 2026 NY Slip Op 05403 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05403/
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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