Matter of Carpenter v. New York City Hous. Auth.

Appellate Division of the Supreme Court of New York

Matter of Carpenter v. New York City Hous. Auth.

2017 NY Slip Op 541, 146 A.D.3d 674, 44 N.Y.S.3d 906

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 2017·No. 2864 154622/14·Published·Cited by 8 cases

Opinion

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered July 8, 2015, which granted defendants-respondents’ motions to dismiss the complaint against the New York Police Department (NYPD), “Human Resources” and the New York City Housing Authority (NYCHA), unanimously affirmed, without costs.

The court properly dismissed the complaint against NYCHA for plaintiff’s failure to file a timely notice of claim or to seek leave to file a late notice of claim within the applicable one-year-and-90-day limitation period (see Public Housing Law § 157 [2]; General Municipal Law §§ 50-e [1]; 50-i [1] [c]; Davidson v Bronx Mun. Hosp., 64 NY2d 59, 61-62 [1984]; Pierson v City of New York, 56 NY2d 950, 955-956 [1982]; Fornabaio v City of New York, 41 AD3d 125 [1st Dept 2007]). The court also properly dismissed the complaint against NYPD and “Human Resources,” as agencies of the City are not amenable to being sued (see New York City Charter, ch 17, § 396), and plaintiff has failed to state facts sufficient to raise a cognizable cause of action.

Concur — Acosta, J.P., Mazzarelli, Feinman and Webber, JJ.

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Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered July 8, 2015, which granted defendants-respondents’ motions to dismiss the complaint against the New York Police Department (NYPD), “Human Resources” and the New York City Housing Authority (NYCHA), unanimously affirmed, without costs.

The court properly dismissed the complaint against NYCHA for plaintiff’s failure to file a timely notice of claim or to seek leave to file a late notice of claim within the applicable one-year-and-90-day limitation period (see Public Housing Law § 157 [2]; General Municipal Law §§ 50-e [1]; 50-i [1] [c]; Davidson v Bronx Mun. Hosp., 64 NY2d 59, 61-62 [1984]; Pierson v City of New York, 56 NY2d 950, 955-956 [1982]; Fornabaio v City of New York, 41 AD3d 125 [1st Dept 2007]). The court also properly dismissed the complaint against NYPD and “Human Resources,” as agencies of the City are not amenable to being sued (see New York City Charter, ch 17, § 396), and plaintiff has failed to state facts sufficient to raise a cognizable cause of action.

Concur — Acosta, J.P., Mazzarelli, Feinman and Webber, JJ.

Matter of Carpenter v. New York City Hous. Auth., 2017 NY Slip Op 541, 146 A.D.3d 674, 44 N.Y.S.3d 906 (N.Y. Ct. App. 2017).

Pincite

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Opinion

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