Siewniak v. City of New York

Appellate Division of the Supreme Court of New York

Siewniak v. City of New York

280 A.D.2d 482, 719 N.Y.S.2d 898, 2001 N.Y. App. Div. LEXIS 1239

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

DecidedFebruary 5, 2001

StatusPublished

Cited by1 cases

This text of 280 A.D.2d 482 (Siewniak v. City of New York) 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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Siewniak v. City of New York, 280 A.D.2d 482, 719 N.Y.S.2d 898, 2001 N.Y. App. Div. LEXIS 1239 (N.Y. Ct. App. 2001).

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—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated January 25, 2000, as granted the application as against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the application is denied as against the New York City Housing Authority.

The Supreme Court erred in granting the petitioner’s application for leave to serve a late notice of claim as against the appellant, as he failed to proffer an adequate explanation for his delay in filing the application, and the appellant did not have actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter (see, Fee v County of Nassau, 269 AD2d 489; Gilliam v City of New York, 250 AD2d 680; Matter of Galluccio v City of New York, 247 AD2d 473). O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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—In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated January 25, 2000, as granted the application as against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the application is denied as against the New York City Housing Authority.

The Supreme Court erred in granting the petitioner’s application for leave to serve a late notice of claim as against the appellant, as he failed to proffer an adequate explanation for his delay in filing the application, and the appellant did not have actual knowledge of the essential facts constituting the claim within 90 days or a reasonable time thereafter (see, Fee v County of Nassau, 269 AD2d 489; Gilliam v City of New York, 250 AD2d 680; Matter of Galluccio v City of New York, 247 AD2d 473). O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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280 A.D.2d 482, 719 N.Y.S.2d 898, 2001 N.Y. App. Div. LEXIS 1239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siewniak-v-city-of-new-york-nyappdiv-2001.

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