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Giordano v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1987
128 A.D.2d 671 (N.Y. App. Div. 1987)

Opinion

March 16, 1987

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the order is affirmed, with costs.

This court agrees with Special Term that the petitioners have failed to properly support the excuse for the late filing of a notice of claim (Matter of Klobnock v. City of New York, 80 A.D.2d 854).

The petitioner Stanley Giordano claims that he suffered injuries following a mugging in the foyer of one of the defendant's buildings. The petitioners allege that their failure to serve a timely notice of claim as required by General Municipal Law § 50-e was caused by the severe pain Mr. Giordano suffered for six months following the mugging, his inability to work, his nervous and tense state, and the disruption of his family life. Mr. Giordano also claims that his inability to drive made him rely on car service. The only medical support offered was a cryptic unsworn note from a doctor concerning his inability to work. This excuse was clearly inadequate (cf., Fahey v. County of Nassau, 111 A.D.2d 214, 217-218). Bracken, J.P., Rubin, Sullivan and Harwood, JJ., concur.


Summaries of

Giordano v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1987
128 A.D.2d 671 (N.Y. App. Div. 1987)
Case details for

Giordano v. New York City Housing Authority

Case Details

Full title:STANLEY GIORDANO et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Mar 16, 1987

Citations

128 A.D.2d 671 (N.Y. App. Div. 1987)

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