Rivera v. New York City Housing Auth

Full title: VILMARIS RIVERA, an Infant, by His Mother and Natural Guardian, CARMEN…

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

Date published: Jan 21, 1997

235 A.D.2d 296 (N.Y. App. Div. 1997)

652 N.Y.S.2d 287

Opinion

January 21, 1997.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered September 20, 1995, which granted defendant's motion to dismiss the complaint for failure to timely serve a proper notice of claim, unanimously affirmed, without costs.

Before: Wallach, J. P., Nardelli, Tom, Mazzarelli and Andrias, JJ.

We agree with the IAS Court that defendant was prejudiced by plaintiffs' failure to provide the correct address of the building where the accident occurred until service of their summons and complaint, some nine months after the accident ( Barno v New York City Hous. Auth., 185 AD2d 292; see also, Matter of Green v New York City Hous. Auth., 180 AD2d 586). We also agree with the IAS Court that there was no excuse for this delay, plaintiffs having been advised by defendant some three months after the accident that it did not own a building at the address given in plaintiffs' notice of claim.