Haley v. Dormitory Authority

Appellate Division of the Supreme Court of New York

Haley v. Dormitory Authority

133 A.D.2d 527, 519 N.Y.S.2d 900, 1987 N.Y. App. Div. LEXIS 50007

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

DecidedSeptember 30, 1987

StatusPublished

Cited by1 cases

This text of 133 A.D.2d 527 (Haley v. Dormitory 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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Haley v. Dormitory Authority, 133 A.D.2d 527, 519 N.Y.S.2d 900, 1987 N.Y. App. Div. LEXIS 50007 (N.Y. Ct. App. 1987).

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Opinion

Order unanimously reversed on the law with costs and motion granted. Memorandum: Petitioner appeals from the denial at Special Term of [528]*528her application for leave to serve a late notice of claim pursuant to subdivision (5) of section 50-e of the General Municipal Law. Plaintiff was injured when she fell down a stairwell in a State University dormitory. Plaintiff offered a reasonable excuse for the delay in serving a late notice of claim because her counsel was misadvised by the Attorney-General regarding the proper party defendant (see, Nordman v East Greenbush Cent. School Dist., 75 AD2d 958; Robb v New York City Hous. Auth., 71 AD2d 1000). Defendant received actual knowledge of plaintiff’s claim shortly after the 90-day statutory period and has failed to establish any prejudice if the motion is granted (see, General Municipal Law § 50-e [5]; Barnes v County of Onondaga, 103 AD2d 624, affd 65 NY2d 664; Matter of Gerzel v City of New York, 117 AD2d 549; Matter of Jakubowicz v Dunkirk Urban Renewal Agency, 75 AD2d 1019; Matter of Wemett v County of Onondaga, 64 AD2d 1025). Under these circumstances it was an abuse of discretion to deny petitioner’s application for leave to file a late notice of claim. (Appeal from order of Supreme Court, Erie County, Cook, J.—late notice of claim.) Present—Dillon, P. J., Denman, Green, Balio and Davis, JJ.

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Order unanimously reversed on the law with costs and motion granted. Memorandum: Petitioner appeals from the denial at Special Term of [528]*528her application for leave to serve a late notice of claim pursuant to subdivision (5) of section 50-e of the General Municipal Law. Plaintiff was injured when she fell down a stairwell in a State University dormitory. Plaintiff offered a reasonable excuse for the delay in serving a late notice of claim because her counsel was misadvised by the Attorney-General regarding the proper party defendant (see, Nordman v East Greenbush Cent. School Dist., 75 AD2d 958; Robb v New York City Hous. Auth., 71 AD2d 1000). Defendant received actual knowledge of plaintiff’s claim shortly after the 90-day statutory period and has failed to establish any prejudice if the motion is granted (see, General Municipal Law § 50-e [5]; Barnes v County of Onondaga, 103 AD2d 624, affd 65 NY2d 664; Matter of Gerzel v City of New York, 117 AD2d 549; Matter of Jakubowicz v Dunkirk Urban Renewal Agency, 75 AD2d 1019; Matter of Wemett v County of Onondaga, 64 AD2d 1025). Under these circumstances it was an abuse of discretion to deny petitioner’s application for leave to file a late notice of claim. (Appeal from order of Supreme Court, Erie County, Cook, J.—late notice of claim.) Present—Dillon, P. J., Denman, Green, Balio and Davis, JJ.

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Bluebook (online)

133 A.D.2d 527, 519 N.Y.S.2d 900, 1987 N.Y. App. Div. LEXIS 50007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haley-v-dormitory-authority-nyappdiv-1987.

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