Matthews v. New York City Housing Authority
| Decision Date | 10 February 1992 |
| Citation | 180 A.D.2d 669,580 N.Y.S.2d 61 |
| Parties | Guy MATTHEWS, Respondent-Appellant, v. The NEW YORK CITY HOUSING AUTHORITY, Appellant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Morris & Duffy, New York City (Mary Maloney Acker and Virginia B. Curry, of counsel), for appellant-respondent.
Gardiner & Nolan, Brooklyn (Thomas J. Nolan, of counsel), for respondent-appellant.
Before THOMPSON, J.P., and HARWOOD, ROSENBLATT and EIBER, JJ.
MEMORANDUM BY THE COURT.
In an application for leave to serve a late notice of claim, pursuant to General Municipal Law § 50-e, (1) the defendant appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated April 10, 1990, which granted the application, and (2) the plaintiff appeals from an order of the same court, dated April 8, 1991, which denied his motion to "renew" his application.
ORDERED that the defendant is awarded one bill of costs.
On October 23, 1989, while the plaintiff was waiting for an elevator in the lobby of a building owned and managed by the defendant, he was allegedly shot in the leg during a robbery. Alleging that the injury resulted from the negligence of the defendant, the plaintiff moved by order to show cause dated February 27, 1990, for leave to serve a late notice of claim. He alleged that his inability to file a timely notice of claim was due to his disability resulting from the injuries he suffered in the attack. He also claimed that since members of the defendant's police department responded to the scene, the defendant acquired actual notice of the essential facts which form the basis of his claim.
We find that the plaintiff did not establish his entitlement to leave to serve a late notice of claim and, therefore, the application must be denied. The plaintiff failed to explain adequately the delay in consulting an attorney and taking the steps necessary to serve a timely notice of claim, since he did not submit hospital records or a medical affidavit to support his claim of physical disability (see, Rosenblatt v. City of New York, 160 A.D.2d 927, 554 N.Y.S.2d 800; Fox v. City of New York, 91 A.D.2d 624, 456 N.Y.S.2d 806).
Additionally, the plaintiff failed to establish that the defendant had actual notice of the essential facts underlying his claim. The Police Aided Report prepared by a member of the Housing...
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