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Williams v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 23, 1986
125 A.D.2d 258 (N.Y. App. Div. 1986)

Opinion

December 23, 1986

Appeal from the Supreme Court, New York County (Allen Murray Myers, J.).


We agree with Special Term that plaintiff, on his original application for leave to file a late notice of claim, failed to offer a satisfactory explanation for his tardiness. Thus, the motion was properly denied. On the application for renewal, however, plaintiff demonstrated a physical incapacitation sufficient to excuse the delay. Special Term, in its discretion, should have considered this evidence. The delay was only 22 days beyond the statutory 90 days. The stairway defect of which plaintiff complains is a static condition. Defendant is unable to show prejudice. The injuries appear to be serious. In such circumstances, the motion, on renewal, should have been granted.

Concur — Sullivan, J.P., Ross, Asch, Kassal and Ellerin, JJ.


Summaries of

Williams v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Dec 23, 1986
125 A.D.2d 258 (N.Y. App. Div. 1986)
Case details for

Williams v. New York City Housing Authority

Case Details

Full title:ALPHONSE WILLIAMS, Appellant, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Dec 23, 1986

Citations

125 A.D.2d 258 (N.Y. App. Div. 1986)

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