Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05524
Kopitova v New York City Tr. Auth.
Read the official decision: 2026 NY Slip Op 05524
Holding The court affirmed the dismissal of the complaint because the plaintiff failed to validly serve a notice of claim by e-mail, which was not a prescribed method of service. The defendant did not waive the objection to the defective service because it promptly notified the plaintiff that it did not accept service via e-mail.
The court’s words
the e-mail did not constitute valid service of the notice of claim pursuant to General Municipal Law § 50-e(3)(a)
2026 NY Slip Op 05524, at the official text
NYCTA did not waive an objection to the defect in the manner of service, as one of the NYCTA attorneys replied to the e-mail within 10 minutes
2026 NY Slip Op 05524, at the official text
stated, inter alia, that NYCTA did not accept service via e-mail
2026 NY Slip Op 05524, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05524 |
| Area of law | Municipal Law and Government Liability · Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05524 |
| 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 | 699 |
Recommended citation
ESQ HQ, New York Law Watch, Kopitova v New York City Tr. Auth., 2026 NY Slip Op 05524 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05524/
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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