Lopez v. New York City Housing Authority

• Court: New York Supreme Court — Appellate Division
• Citation: Lopez v. New York City Housing Authority, 597 N.Y.S.2d 402, 193 A.D.2d 473 (N.Y. App. Div. 1993)
• Decision Date: 18 May 1993
• Parties: Francisca LOPEZ, Petitioner-Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent-Respondent.

Page 402

597 N.Y.S.2d 402

193 A.D.2d 473

Francisca LOPEZ, Petitioner-Appellant, v. NEW YORK CITY HOUSING AUTHORITY Respondent-Respondent.

Supreme Court, Appellate Division First Department.

May 18, 1993.

Before MURPHY, P.J., and MILONAS, ROSENBERGER and WALLACH, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about October 2, 1992, which denied petitioner's application to serve a late notice of claim and dismissed the petition, unanimously affirmed without costs and disbursements.

We agree with the IAS court that notwithstanding the accident report prepared by respondent's staff on the same day that petitioner fell in respondent's building, the record does not show that respondent had actual knowledge of the claim and that the failure of petitioner's two prior attorneys to timely serve a notice of claim is not a sufficient excuse for the delay (see, Chattergoon v. New York City...