Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06434
Matter of Arcila v Town of N. Hempstead
Read the official decision: 2026 NY Slip Op 06434
Holding The Appellate Division reversed the lower court’s denial of the petition, granting the request to deem the late notice of claim timely served nunc pro tunc. The court found that the petitioner demonstrated a reasonable excuse for the one-day delay and that the municipality acquired actual knowledge of the essential facts, failing to show substantial prejudice.
The court’s words
the respondents acquired actual knowledge of the essential facts constituting the claim within a reasonable time after the expiration of the 90-day period
2026 NY Slip Op 06434, at the official text
the petitioner sufficiently demonstrated a reasonable excuse for the one-day delay in serving the notice of claim
2026 NY Slip Op 06434, at the official text
failed to come forward with particularized evidence showing that the late notice had substantially prejudiced [their] ability to defend the claim on the merits
2026 NY Slip Op 06434, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06434 |
| Area of law | Municipal Law and Government Liability |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06434 |
| 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 | 1729 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Arcila v Town of N. Hempstead, 2026 NY Slip Op 06434 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06434/
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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