Gadson v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Gadson v. New York City Housing Authority

196 A.D.2d 585, 601 N.Y.S.2d 184, 1993 N.Y. App. Div. LEXIS 8072

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 16, 1993

StatusPublished

Cited by1 cases

This text of 196 A.D.2d 585 (Gadson v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gadson v. New York City Housing Authority, 196 A.D.2d 585, 601 N.Y.S.2d 184, 1993 N.Y. App. Div. LEXIS 8072 (N.Y. Ct. App. 1993).

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Opinion

In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Kings County (Garry, J.), dated June 13, 1991, which granted the petition.

Ordered that the order is affirmed, with costs.

On July 4, 1990, the then 8-year-old infant petitioner was hit in her right eye by a firecracker or a rocket while she was on the property of the New York City Housing Authority. As a result of that injury, she lost the use of her right eye. Approximately six months later, the petitioner’s mother became aware that her daughter possessed a valid cause of action and consulted with an attorney. Approximately two weeks after that and about seven months after the incident, the petitioner sought leave to serve a late notice of claim against the appellant, a municipal corporation. The Supreme Court granted the application.

Given all of the circumstances presented to the Supreme Court, including the infancy of the petitioner, the severity of the injuries, and the existence of medical records, the Supreme Court did not improvidently exercise its discretion by granting leave to serve a late notice of claim (see, Matter of Cabezas v City of New York, 184 AD2d 240; Esteves v New York City Hous. Auth., 175 AD2d 197). Mangano, P. J., Thompson, Pizzuto and Joy, JJ., concur.

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In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Kings County (Garry, J.), dated June 13, 1991, which granted the petition.

Ordered that the order is affirmed, with costs.

On July 4, 1990, the then 8-year-old infant petitioner was hit in her right eye by a firecracker or a rocket while she was on the property of the New York City Housing Authority. As a result of that injury, she lost the use of her right eye. Approximately six months later, the petitioner’s mother became aware that her daughter possessed a valid cause of action and consulted with an attorney. Approximately two weeks after that and about seven months after the incident, the petitioner sought leave to serve a late notice of claim against the appellant, a municipal corporation. The Supreme Court granted the application.

Given all of the circumstances presented to the Supreme Court, including the infancy of the petitioner, the severity of the injuries, and the existence of medical records, the Supreme Court did not improvidently exercise its discretion by granting leave to serve a late notice of claim (see, Matter of Cabezas v City of New York, 184 AD2d 240; Esteves v New York City Hous. Auth., 175 AD2d 197). Mangano, P. J., Thompson, Pizzuto and Joy, JJ., concur.

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Bluebook (online)

196 A.D.2d 585, 601 N.Y.S.2d 184, 1993 N.Y. App. Div. LEXIS 8072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gadson-v-new-york-city-housing-authority-nyappdiv-1993.

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