Licari v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Licari v. New York City Housing Authority

181 A.D.2d 558

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

DecidedMarch 19, 1992

StatusPublished

Cited by2 cases

This text of 181 A.D.2d 558 (Licari 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

Licari v. New York City Housing Authority, 181 A.D.2d 558 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, New York County (Stephen Crane, J.), entered March 20, 1991, which granted petitioners’ application for leave to serve a late notice of claim, unanimously affirmed, without costs.

There was actual notice to respondent of the facts underlying the claim by virtue of petitioners’ communications with the project manager concerning the defective condition on the premises, as well as the happening of the accident. Moreover, the application for leave to serve a late notice of claim was made a scant 10 days after the expiration of the statutory deadline, rendering unlikely any prejudice resulting from delay. Moreover, respondent could hardly have been prejudiced by any inability to investigate where its own employee had repaired the condition within the statutory period for serving a notice of claim. Concur — Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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— Order, Supreme Court, New York County (Stephen Crane, J.), entered March 20, 1991, which granted petitioners’ application for leave to serve a late notice of claim, unanimously affirmed, without costs.

There was actual notice to respondent of the facts underlying the claim by virtue of petitioners’ communications with the project manager concerning the defective condition on the premises, as well as the happening of the accident. Moreover, the application for leave to serve a late notice of claim was made a scant 10 days after the expiration of the statutory deadline, rendering unlikely any prejudice resulting from delay. Moreover, respondent could hardly have been prejudiced by any inability to investigate where its own employee had repaired the condition within the statutory period for serving a notice of claim. Concur — Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.

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181 A.D.2d 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/licari-v-new-york-city-housing-authority-nyappdiv-1992.

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