Peterson v. New York City Housing Authority

• Decision Date: 08 February 1993
• Citation: 190 A.D.2d 738,593 N.Y.S.2d 329
• Parties: In the Matter of Minnie PETERSON, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 329

593 N.Y.S.2d 329

190 A.D.2d 738

In the Matter of Minnie PETERSON, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Supreme Court, Appellate Division, Second Department.

Feb. 8, 1993.

DiJoseph, Portegello & Schuster, New York City (Arnold DiJoseph, of counsel), for appellant.

Morris & Duffy, New York City (Patrick J. McConnell, of counsel), for respondent.

Before ROSENBLATT, J.P., and LAWRENCE, O'BRIEN and PIZZUTO, JJ.

MEMORANDUM BY THE COURT.

In a proceeding for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e(5), the petitioner appeals from an order of the Supreme Court, Kings County (Williams, J.), dated January 30, 1990, which denied the application.

ORDERED that the order is affirmed, with costs.

On or about February 7, 1990, the petitioner, a diabetic, stepped on a small piece of metal wire allegedly left inside her apartment by the respondent's workers, who had repaired a water leak in October and November of 1989. On February 14, 1990, the petitioner saw a physician and was thereafter hospitalized. By notice of motion dated June 22, 1990, the petitioner sought leave to serve a late notice of claim. The court denied the motion. We affirm. The record shows that the respondent would be substantially prejudiced if the motion were granted, in that the respondent had no knowledge of the alleged negligence or injury until this notice of motion was served (see, Matter of Siena v. Marlboro Houses, 188 A.D.2d 534, 591 N.Y.S.2d 199; Matter of Katz v. Rockville Centre Union Free School Dist., 131 A.D.2d 574, 516 N.Y.S.2d 289; Cedano v. City of New York, 51 N.Y.2d 896, 434 N.Y.S.2d 990, 415 N.E.2d 978; Kravitz v. County of Rockland, 112 A.D.2d 352, 491 N.Y.S.2d 802).