Lopez v. New York City Housing Authority

Full title: FRANCISCA LOPEZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 18, 1993

193 A.D.2d 473 (N.Y. App. Div. 1993)

597 N.Y.S.2d 402

Opinion

May 18, 1993

Appeal from the Supreme Court, Bronx County (Howard Silver, J.).

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 Hous. Auth., 161 A.D.2d 141, lv granted 167 A.D.2d 991, affd 78 N.Y.2d 958).

Concur — Murphy, P.J., Milonas, Rosenberger and Wallach, JJ.