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Kovachevich v. New York City Housing Authority

290 A.D.2d 325, 735 N.Y.S.2d 782, 2002 N.Y. App. Div. LEXIS 429
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 17, 2002
StatusPublished

This text of 290 A.D.2d 325 (Kovachevich 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.

Bluebook
Kovachevich v. New York City Housing Authority, 290 A.D.2d 325, 735 N.Y.S.2d 782, 2002 N.Y. App. Div. LEXIS 429 (N.Y. Ct. App. 2002).

Opinion

Order, Supreme Court, New York County (Michael Stallman, J.), entered December 22, 2000, which converted defendant’s motion, brought pursuant to CPLR 3211 (a) (1), to a motion for summary judgment and thereupon granted said motion dismissing the complaint, unanimously affirmed, without costs.

The motion court properly dismissed plaintiffs complaint for failure to comply with contractual and statutory notice of claim provisions (see, Master Painting & Roofing Corp. v New York City Hous. Auth., 258 AD2d 275; Leon v New York City Hous. Auth., 214 AD2d 455). Absent a substantive cause of action, the punitive damages claim was not viable (Rocanova v Equitable Life Assur. Socy., 83 NY2d 603, 616-617), and, in any event, does not lie against defendant (Sharapata v Town of Islip, 56 NY2d 332).

We have considered plaintiffs other contentions and find them unavailing. Concur — Ellerin, J.P., Lerner, Rubin, Buckley and Friedman, JJ.

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Related

Rocanova v. Equitable Life Assurance Society of United States
634 N.E.2d 940 (New York Court of Appeals, 1994)
Sharapata v. Town of Islip
437 N.E.2d 1104 (New York Court of Appeals, 1982)
Leon v. New York City Housing Authority
214 A.D.2d 455 (Appellate Division of the Supreme Court of New York, 1995)
In re Shah
258 A.D.2d 275 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
290 A.D.2d 325, 735 N.Y.S.2d 782, 2002 N.Y. App. Div. LEXIS 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kovachevich-v-new-york-city-housing-authority-nyappdiv-2002.