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Lopez v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1998
248 A.D.2d 258 (N.Y. App. Div. 1998)

Opinion

March 19, 1998

Appeal from the Supreme Court, New York County (Louis York, J.).


The motion was properly granted where the delay resulting from plaintiff's mistaken service of her notice of claim on the wrong public entity was short ( see, Matter of Soto v. New York City Hous. Auth., 180 A.D.2d 570), and where the section 50-h hearing might well clarify the location and nature of the alleged defect in the subway station pavement that caused plaintiff to fall, and the prejudice, if any, to defendant caused by the delay in supplying needed information ( see, D'Alessandro v. New York City Tr. Auth., 83 N.Y.2d 891; Mayer v. DuPont Assocs., 80 A.D.2d 799).

Concur — Lerner, P. J., Sullivan, Rosenberger, Nardelli and Andrias, JJ.


Summaries of

Lopez v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1998
248 A.D.2d 258 (N.Y. App. Div. 1998)
Case details for

Lopez v. City of New York

Case Details

Full title:In the Matter of MONICA LOPEZ, Respondent, v. CITY OF NEW YORK, Defendant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 19, 1998

Citations

248 A.D.2d 258 (N.Y. App. Div. 1998)
668 N.Y.S.2d 889