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Matter of Toro v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 2, 1992
182 A.D.2d 358 (N.Y. App. Div. 1992)

Opinion

April 2, 1992

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).


In view of respondent's receipt of the police accident report, as well as a report of the accident from its own employee, it is evident that respondent had actual notice of the accident within the 90-day statutory period, and, as the IAS court put it, "ample opportunity to investigate the incident" (citing Matter of Cicio v City of New York, 98 A.D.2d 38; see also, Joseph v New York City Hous. Auth., 179 A.D.2d 441; Matter of Sokolowski v New York City Hous. Auth., 173 A.D.2d 239). Accordingly, notwithstanding that no finding was made of an acceptable excuse for the delay (see, Goodall v City of New York, 179 A.D.2d 481, citing Matter of Cicio v City of New York, supra), it was not an abuse of discretion to grant leave to serve a notice of claim some six months late.

Concur — Murphy, P.J., Carro, Wallach, Ross and Rubin, JJ.


Summaries of

Matter of Toro v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 2, 1992
182 A.D.2d 358 (N.Y. App. Div. 1992)
Case details for

Matter of Toro v. New York City Hous. Auth

Case Details

Full title:In the Matter of ANTONIA TORO, Respondent, v. NEW YORK CITY HOUSING…

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

Date published: Apr 2, 1992

Citations

182 A.D.2d 358 (N.Y. App. Div. 1992)
582 N.Y.S.2d 118

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