Noyola v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Noyola v. New York City Housing Authority

258 A.D.2d 461, 682 N.Y.S.2d 842

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

DecidedJanuary 19, 1999

StatusPublished

This text of 258 A.D.2d 461 (Noyola 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.

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Noyola v. New York City Housing Authority, 258 A.D.2d 461, 682 N.Y.S.2d 842 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about April 22, 1998, denying defendant’s motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, without costs.

Defendant’s motion to dismiss by reason of alleged defects in plaintiff’s notice of claim was properly denied. The imprecisions in the notice of claim cited by defendant could not, under the highly transitory circumstances of this case, have prejudiced defendant’s ability to conduct an investigation of the subject incident (see, Reyes v New York City Hous. Auth., 221 AD2d 240). Concur — Sullivan, J. P., Lerner, Rubin and Tom, JJ.

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—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered on or about April 22, 1998, denying defendant’s motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, without costs.

Defendant’s motion to dismiss by reason of alleged defects in plaintiff’s notice of claim was properly denied. The imprecisions in the notice of claim cited by defendant could not, under the highly transitory circumstances of this case, have prejudiced defendant’s ability to conduct an investigation of the subject incident (see, Reyes v New York City Hous. Auth., 221 AD2d 240). Concur — Sullivan, J. P., Lerner, Rubin and Tom, JJ.

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258 A.D.2d 461, 682 N.Y.S.2d 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noyola-v-new-york-city-housing-authority-nyappdiv-1999.

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