ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05403
Area of lawPersonal Injury and Negligence · Municipal Law and Government Liability
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05403
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id174

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.

Read how Law Watch works

Published September 23, 2026. Updated September 23, 2026.