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Lugo v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2001
282 A.D.2d 229 (N.Y. App. Div. 2001)

Opinion

April 5, 2001.

Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered February 28, 2000, which denied plaintiff's application to serve a late notice of claim, unanimously affirmed, without costs.

Kenneth S. Feraru, for petitioner-appellant.

Caryn L. Lilling, for respondent-respondent.

Before: Williams, J.P., Mazzarelli, Wallach, Buckley, Friedman, JJ.


Petitioner contends that her notice of claim against defendant Housing Authority was not timely served because her attorney only belatedly ascertained that the owner of the premises where plaintiff's accident is alleged to have occurred was not the City of New York but defendant Housing Authority. The failure of plaintiff to communicate to her attorney the proper party to sue, however, does not, particularly under the present circumstances in which the identity of the owner of the subject premises was easily ascertainable, excuse plaintiff's failure to serve a timely notice of claim (see, Quinn v. Manhattan and Bronx Surface Tr. Operating Auth., 273 A.D.2d 144; Seif v. City of New York, 218 A.D.2d 595, 596). Additionally, we would note that the description of the claim, even if timely served, would have been insufficient in describing the place and nature of the accident, and would not have provided respondent with adequate notice to conduct a meaningful investigation.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Lugo v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2001
282 A.D.2d 229 (N.Y. App. Div. 2001)
Case details for

Lugo v. New York City Housing Authority

Case Details

Full title:VALERIANA LUGO, Petitioner-Appellant, v. NEW YORK CITY HOUSING AUTHORITY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 5, 2001

Citations

282 A.D.2d 229 (N.Y. App. Div. 2001)
724 N.Y.S.2d 28

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