Pagan v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Pagan v. New York City Housing Authority

182 A.D.2d 592, 586 N.Y.S.2d 479, 1992 N.Y. App. Div. LEXIS 6381

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

DecidedApril 30, 1992

StatusPublished

This text of 182 A.D.2d 592 (Pagan 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

Pagan v. New York City Housing Authority, 182 A.D.2d 592, 586 N.Y.S.2d 479, 1992 N.Y. App. Div. LEXIS 6381 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, New York County (Carol E. Huff, J.), entered April 16, 1991, which, insofar as appealed from, denied defendant’s cross-motion to dismiss the amended complaint, unanimously affirmed, without costs.

We agree with the IAS court that plaintiff’s notice of claim was sufficient to apprise defendant of the relevant conditions so as to reasonably enable it to timely conduct an effective investigation of the incident (see, Caselli v City of New York, 105 AD2d 251). Any meaningful investigation by defendant based on this notice of claim should have entailed an inspection of the door in question, including its lock. Concur — Murphy, P. J., Ellerin, Kupferman, Ross and Rubin, JJ.

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Order, Supreme Court, New York County (Carol E. Huff, J.), entered April 16, 1991, which, insofar as appealed from, denied defendant’s cross-motion to dismiss the amended complaint, unanimously affirmed, without costs.

We agree with the IAS court that plaintiff’s notice of claim was sufficient to apprise defendant of the relevant conditions so as to reasonably enable it to timely conduct an effective investigation of the incident (see, Caselli v City of New York, 105 AD2d 251). Any meaningful investigation by defendant based on this notice of claim should have entailed an inspection of the door in question, including its lock. Concur — Murphy, P. J., Ellerin, Kupferman, Ross and Rubin, JJ.

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Bluebook (online)

182 A.D.2d 592, 586 N.Y.S.2d 479, 1992 N.Y. App. Div. LEXIS 6381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pagan-v-new-york-city-housing-authority-nyappdiv-1992.

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