Matter of Barzaga v. N.Y. City Housing Auth

Full title: In the Matter of MARIE BARZAGA et al., Appellants, v. NEW YORK CITY…

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

Date published: May 17, 1994

204 A.D.2d 163 (N.Y. App. Div. 1994)

612 N.Y.S.2d 122

Opinion

May 17, 1994

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

Claimants offer no excuse for failure to timely serve the respondent other than a failure to properly research ownership of the premises. Notice of claim was not served upon the respondent until one year and one month after the occurrence, at a time when the condition of the door which allegedly caused claimant's injury could not be ascertained, resulting in actual prejudice to respondent. The vague and unsubstantiated allegation that the condition was reported to the building superintendent some days after the accident is insufficient to warrant granting the relief sought. (Lopez v. New York City Hous. Auth., 193 A.D.2d 473.)

Concur — Murphy, P.J., Carro, Wallach, Asch and Tom, JJ.