Moran v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Moran v. New York City Housing Authority

224 A.D.2d 257, 637 N.Y.S.2d 698, 1996 N.Y. App. Div. LEXIS 997

Appellate Division of the Supreme Court of the State of New York·Decided February 8, 1996·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about November 10, 1994, which denied petitioner’s application to serve a late notice of claim, unanimously affirmed, without costs.

Petitioner’s excuse for not filing a timely notice of claim— that he did not realize the seriousness of his injury until after the 90-day period had expired and was thereafter physically incapacitated from doing so until he made the instant motion [258] some six and a half months after the incident — cannot be accepted in the absence of any supporting medical documentation (compare, Matter of Green v New York City Hous. Auth., 180 AD2d 586, 587, with Heiman v City of New York, 85 AD2d 25). It is also clear that the delay, by preventing respondent from obtaining a prompt hearing and medical examination of petitioner, significantly diminished its ability to determine the extent of petitioner’s injuries and any changes in his condition over time (see, Matter of Robertson v City of New York, 146 AD2d 456, 457, affd 74 NY2d 781). Concur — Milonas, J. P., Ellerin, Wallach, Kupferman and Williams, JJ.

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—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about November 10, 1994, which denied petitioner’s application to serve a late notice of claim, unanimously affirmed, without costs.

Petitioner’s excuse for not filing a timely notice of claim— that he did not realize the seriousness of his injury until after the 90-day period had expired and was thereafter physically incapacitated from doing so until he made the instant motion [258] some six and a half months after the incident — cannot be accepted in the absence of any supporting medical documentation (compare, Matter of Green v New York City Hous. Auth., 180 AD2d 586, 587, with Heiman v City of New York, 85 AD2d 25). It is also clear that the delay, by preventing respondent from obtaining a prompt hearing and medical examination of petitioner, significantly diminished its ability to determine the extent of petitioner’s injuries and any changes in his condition over time (see, Matter of Robertson v City of New York, 146 AD2d 456, 457, affd 74 NY2d 781). Concur — Milonas, J. P., Ellerin, Wallach, Kupferman and Williams, JJ.

Moran v. New York City Housing Authority, 224 A.D.2d 257, 637 N.Y.S.2d 698, 1996 N.Y. App. Div. LEXIS 997 (N.Y. Ct. App. 1996).

Pincite

224 A.D.2d 257 (Moran v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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