Opinion
04-13-2017
In re FEYSHER C., an Infant, by Her Mother and Natural Guardian, Evelyn G., Petitioner–Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Respondent–Appellant, City of New York, et al., Respondents.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for Appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for Appellant.
FRIEDMAN, J.P., RICHTER, MAZZARELLI, FEINMAN, GISCHE, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered November 19, 2015, which, inter alia, granted the petition for leave to serve a late notice of claim upon respondent
New York City Housing Authority, unanimously reversed, on the law and the facts, without costs, the petition denied, and the proceeding as against the Housing Authority dismissed.
Petitioner failed to establish any of the relevant statutory factors that would warrant leave to serve a late notice of claim (General Municipal Law § 50–e[5] ; Matter of Kelley v. New York City Health & Hosps. Corp., 76 A.D.3d 824, 907 N.Y.S.2d 11 [1st Dept.2010] ). Petitioner's service of a notice of claim on the City of New York does not excuse her failure to serve the Housing Authority within the statutory period (see Arias v. New York City Hous. Auth., 40 A.D.3d 298, 835 N.Y.S.2d 180 [1st Dept.2007] ). The actual knowledge of the facts constituting the claim, acquired by the City of New York, through the notice of claim and General Municipal Law § 50–h hearing, cannot be imputed onto the Housing Authority (see Seif v. City of New York, 218 A.D.2d 595, 596, 630 N.Y.S.2d 742 [1st Dept.1995] ). Furthermore, there has been no showing that a defense on the merits would not be prejudiced by the over 10–month delay in service (see Casale v. City of New York, 95 A.D.3d 744, 745, 945 N.Y.S.2d 92 [1st Dept.2012] ).