Noyola v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Noyola v. New York City Housing Authority

257 A.D.2d 461, 682 N.Y.S.2d 842, 1999 N.Y. App. Div. LEXIS 449

Appellate Division of the Supreme Court of the State of New York·Decided January 19, 1999·Published

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.

Noyola v. New York City Housing Authority, 257 A.D.2d 461, 682 N.Y.S.2d 842, 1999 N.Y. App. Div. LEXIS 449 (N.Y. Ct. App. 1999).

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257 A.D.2d 461 (Noyola v. New York City Housing Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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