Pierce v. New York City Housing Authority

Citation351 N.Y.S.2d 171,43 A.D.2d 842
PartiesMargaret PIERCE, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.
Decision Date14 January 1974
CourtNew York Supreme Court — Appellate Division

Before SHAPIRO, Acting P.J., and GULOTTA, CHRIST, BRENNAN and BENJAMIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant, as limited by its brief, from so much of an order of the Supreme Court, Queens County, dated June 21, 1973, as granted plaintiff's motion for leave to serve a late notice of claim.

Order reversed insofar as appealed from, on the law and the facts, with $20 costs and disbursements, and motion denied.

In our opinion, no satisfactory explanation was given for plaintiff's 11-month delay in making her motion.

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2 cases
  • Shapiro v. Town of Clarkstown
    • United States
    • New York Supreme Court — Appellate Division
    • April 21, 1997
    ...reasonable excuse for the delay (see, Matter of Dube v. City of New York, 158 A.D.2d 457, 551 N.Y.S.2d 50; Pierce v. New York City Housing Authority, 43 A.D.2d 842, 351 N.Y.S.2d 171). The record does not support a conclusion that the police reports provided the Town defendants with knowledg......
  • Rodriguez v. City of New York
    • United States
    • New York Supreme Court — Appellate Division
    • January 14, 1982
    ...a late notice of claim under GML § 50-e(5), a party must give a satisfactory explanation for his delay. (Pierce v. New York City Housing Authority, 43 A.D.2d 842, 351 N.Y.S.2d 171.) Assuming that the plaintiff did have some "contact" with the hospital in February of 1980, he fails to give a......

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