Citation Numbers: 11 Misc. 2d 257
Judges: Conlon
Filed Date: 2/7/1957
Status: Precedential
Modified Date: 2/5/2022
This is an application for an order allowing plaintiff to serve a belated notice of claim nunc pro tunc, upon the New York City Housing Authority. The infant plaintiff was 10 years of age at the time of the accident, which occurred on August 29, 1955. A notice of claim was served on the comptroller of the City of New York but not on the New York City Housing Authority. The summons and complaint was served on the housing authority on October 13, 1955, and the authority thereafter appeared in the action. In certain instances the court has discretion in allowing late notices of claim. However, the controlling statute, subdivision 5 of section 50-e of the General Municipal Law, is clear and definite in situations such as here presented. That subdivision states in part: “Application for such leave must be made within the
Service of the notice of claim on the comptroller of the City of New York does not constitute service on the New York City Housing Authority. (Matter of Ringgold v. New York City Tr. Auth., 286 App. Div. 806; Matter of Coyle v. New York City Tr. Auth., 283 App. Div. 1083.)
Accordingly, the motion is denied.