Vargas v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Vargas v. New York City Housing Authority

288 A.D.2d 376, 733 N.Y.S.2d 634, 2001 N.Y. App. Div. LEXIS 11318

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

DecidedNovember 19, 2001

StatusPublished

This text of 288 A.D.2d 376 (Vargas 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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Vargas v. New York City Housing Authority, 288 A.D.2d 376, 733 N.Y.S.2d 634, 2001 N.Y. App. Div. LEXIS 11318 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated January 10, 2001, which denied her motion pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim and granted the defendant’s cross motion to dismiss the complaint for failure to timely serve a notice of claim.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff’s motion for leave to serve a late notice of claim and granting the defendant’s cross motion to dismiss the [377]*377complaint (see, Matter of Kittredge v New York City Hous. Auth., 275 AD2d 746; Matter of Tineo v City of New York, 273 AD2d 397; Matter of Kyser v New York City Hous. Auth., 178 AD2d 601). Bracken, P. J., Krausman, Luciano, Smith and Adams, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated January 10, 2001, which denied her motion pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim and granted the defendant’s cross motion to dismiss the complaint for failure to timely serve a notice of claim.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff’s motion for leave to serve a late notice of claim and granting the defendant’s cross motion to dismiss the [377]*377complaint (see, Matter of Kittredge v New York City Hous. Auth., 275 AD2d 746; Matter of Tineo v City of New York, 273 AD2d 397; Matter of Kyser v New York City Hous. Auth., 178 AD2d 601). Bracken, P. J., Krausman, Luciano, Smith and Adams, JJ., concur.

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Bluebook (online)

288 A.D.2d 376, 733 N.Y.S.2d 634, 2001 N.Y. App. Div. LEXIS 11318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vargas-v-new-york-city-housing-authority-nyappdiv-2001.

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