Robb v. New York City Housing Authority
| Decision Date | 24 September 1979 |
| Citation | 71 A.D.2d 1000,420 N.Y.S.2d 291 |
| Parties | Lillian ROBB, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Milton H. Miller, New York City, for appellant.
Nicholas & Raptakis, Flushing (Harry Raptakis, Flushing, of counsel), for respondent.
Before SHAPIRO, J. P., and COHALAN, MARGETT and MARTUSCELLO, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to section 50-e (subd. 5) of the General Municipal Law for leave to serve a late notice of claim, defendant New York Housing Authority appeals from an order of the Supreme Court, Queens County, dated March 1, 1978, which granted the application.
Order affirmed, with $50 costs and disbursements.
Plaintiff's time to file a late notice of claim with the appellant is extended until 15 days after service upon her of a copy of the order to be entered herein with notice of entry thereof.
Section 50-e of the General Municipal Law requires, Inter alia, that a claimant file a notice of claim in any tort action against the New York City Housing Authority, if the claimant desires to proceed against the said authority. This notice must be filed within 90 days after the claim arises. Intending to bring claims against both the City of New York and the New York City Housing Authority, plaintiff filed a timely notice of claim, but only with the New York City Comptroller, apparently under the misapprehension that this was sufficient notice to both public defendants. Such is clearly not the case, however, as section 157 (subd. 2) of the Public Housing Law clearly requires claimants to file their notices of claim directly with the Housing Authority.
Not realizing his error until shortly after the 90-day limitation had expired, plaintiff's attorney immediately brought this application by order to show cause for leave to file a late notice of claim, pursuant to the provisions of section 50-e (subd. 5) of the General Municipal Law. Special Term granted the request and we affirm.
As was stated in Matter of Matey v. Bethlehem Cent. School Dist., 89 Misc.2d 390, 394, 391 N.Y.S.2d 357, 360, affd. 63 A.D.2d 807, 405 N.Y.S.2d 156, since its amendment, subdivision 5 of section 50-e "is remedial in nature in that it was the intention to relieve some of the hardship incurred under the prior statute and, as such, is to be liberally construed." No longer need there be the harsh results encountered under the former section where...
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Morris, Matter of
...of the error (see, e.g., Nordman v. East Greenbush Cent. School Dist., 75 A.D.2d 958, 428 N.Y.S.2d 67; Robb v. New York City Housing Auth., 71 A.D.2d 1000, 420 N.Y.S.2d 291; Matter of Gross v. State of New York, 9 A.D.2d 594, 189 N.Y.S.2d 522; Kullman v. State of New York, 46 Misc.2d 873, 2......
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Brown v. N.Y.C. Hous. Auth., 2018-07542
...Housing Law § 157[2] ; Matter of Ramos v. New York City Hous. Auth., 162 A.D.3d 884, 885, 80 N.Y.S.3d 85 ; Robb v. New York City Hous. Auth., 71 A.D.2d 1000, 1001, 420 N.Y.S.2d 291 ).The Supreme Court providently exercised its discretion in granting the petition. The petitioner's error in s......
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Ramos v. N.Y.C. Hous. Auth.
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Pagan v. New York City Housing Authority
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