Pungello v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Pungello v. New York City Housing Authority

181 A.D.2d 511

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

DecidedMarch 12, 1992

StatusPublished

This text of 181 A.D.2d 511 (Pungello 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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Pungello v. New York City Housing Authority, 181 A.D.2d 511 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, Bronx County (Anita Florio, J.), entered January 22, 1991, which granted petitioner’s application for leave to serve a late notice of claim, unanimously affirmed, without costs.

General Municipal Law § 50-e (5) specifically provides that in determining whether to permit service of a late notice of claim, the court shall consider "excusable error concerning the identity of the public corporation against which the claim should be asserted”. Recently, this court found excusable error where the claimant’s counsel, based on information in the warrants of arrest, failed to discover that Housing Authority police were involved in the arrest (Matter of Copeland v New York City Hous. Auth., 173 AD2d 335). Here, where claimant was allegedly shot by an off-duty Housing Authority detective, the five month delay in serving a notice of claim on the Authority was properly excused in view of counsel’s good faith belief that the detective was employed by the City of New York, the lack of prejudice to defendant, and defendant’s receipt of contemporaneous reports of the incident. Concur— Sullivan, J. P., Carro, Ross, Asch and Smith, JJ.

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— Order, Supreme Court, Bronx County (Anita Florio, J.), entered January 22, 1991, which granted petitioner’s application for leave to serve a late notice of claim, unanimously affirmed, without costs.

General Municipal Law § 50-e (5) specifically provides that in determining whether to permit service of a late notice of claim, the court shall consider "excusable error concerning the identity of the public corporation against which the claim should be asserted”. Recently, this court found excusable error where the claimant’s counsel, based on information in the warrants of arrest, failed to discover that Housing Authority police were involved in the arrest (Matter of Copeland v New York City Hous. Auth., 173 AD2d 335). Here, where claimant was allegedly shot by an off-duty Housing Authority detective, the five month delay in serving a notice of claim on the Authority was properly excused in view of counsel’s good faith belief that the detective was employed by the City of New York, the lack of prejudice to defendant, and defendant’s receipt of contemporaneous reports of the incident. Concur— Sullivan, J. P., Carro, Ross, Asch and Smith, JJ.

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181 A.D.2d 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pungello-v-new-york-city-housing-authority-nyappdiv-1992.

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