Washington v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Washington v. New York City Housing Authority

78 A.D.2d 860, 434 N.Y.S.2d 669, 1980 N.Y. App. Div. LEXIS 13565

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

DecidedNovember 3, 1980

StatusPublished

This text of 78 A.D.2d 860 (Washington 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

Washington v. New York City Housing Authority, 78 A.D.2d 860, 434 N.Y.S.2d 669, 1980 N.Y. App. Div. LEXIS 13565 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a proceeding for leave to serve a late notice of claim against the New York City Housing Authority, the authority appeals from an order of the Supreme Court, Kings County, dated July 31,1979, which granted the application. Order reversed, without costs or disbursements, and proceeding remitted to Special Term for a new determination in accordance herewith. On this record, petitioner’s claim that mental and physical incapacity caused his failure to timely serve a notice of claim is not sufficiently established. However, in view of the seriousness of the injuries, we remit the proceeding to Special Term for a new determination, with leave to petitioner to submit (1) further affidavits showing when he first learned of his legal rights and consulted an attorney, and (2) hospital records, medical affidavits or reports indicating the [861]*861dates of petitioner’s hospitalization, the injuries sustained and the type and duration of medication received. Titone, J. P., Mangano, Martuscello and Weinstein, JJ., concur.

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In a proceeding for leave to serve a late notice of claim against the New York City Housing Authority, the authority appeals from an order of the Supreme Court, Kings County, dated July 31,1979, which granted the application. Order reversed, without costs or disbursements, and proceeding remitted to Special Term for a new determination in accordance herewith. On this record, petitioner’s claim that mental and physical incapacity caused his failure to timely serve a notice of claim is not sufficiently established. However, in view of the seriousness of the injuries, we remit the proceeding to Special Term for a new determination, with leave to petitioner to submit (1) further affidavits showing when he first learned of his legal rights and consulted an attorney, and (2) hospital records, medical affidavits or reports indicating the [861]*861dates of petitioner’s hospitalization, the injuries sustained and the type and duration of medication received. Titone, J. P., Mangano, Martuscello and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 860, 434 N.Y.S.2d 669, 1980 N.Y. App. Div. LEXIS 13565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-new-york-city-housing-authority-nyappdiv-1980.