Capo by Joseph v. City of New York

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before MILONAS
• Citation: Capo by Joseph v. City of New York, 564 N.Y.S.2d 84, 166 A.D.2d 201 (N.Y. App. Div. 1990)
• Decision Date: 04 October 1990
• Parties: Andre CAPO, an Infant, by His Parent and Natural Guardian, Patricia JOSEPH, et al., Plaintiffs-Respondents, v. The CITY OF NEW YORK, Defendant, New York City Housing Authority, Defendant-Appellant.

Page 84

564 N.Y.S.2d 84

166 A.D.2d 201

Andre CAPO, an Infant, by His Parent and Natural Guardian Patricia JOSEPH, et al., Plaintiffs-Respondents, v. The CITY OF NEW YORK, Defendant New York City Housing Authority Defendant-Appellant.

Supreme Court, Appellate Division First Department.

Oct. 4, 1990.

Before MILONAS, J.P., and ROSENBERGER, ASCH, KASSAL and RUBIN, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered February 28, 1989, which granted plaintiffs' motion for leave to file an amended notice of claim, unanimously affirmed, without costs and without disbursements.

The infant plaintiff was allegedly bitten by a pit bull on July 9, 1988 at a New York City Housing Authority project in the Bronx. A timely notice of claim was filed, stating the location of the incident to be 1774 Macombs Road. The Housing Authority responded by letter of October 18, 1988, stating that it did not own, operate, or control the stated premises. Less than four weeks later, at the statutory hearing, the Housing Authority was provided with the police report indicating the premises as 1647 Macombs Road. There is no indication that the Housing Authority undertook any investigation based upon this new information. On December 7, 1988, plaintiffs brought this motion for leave to amend the notice...