Opinion
5910
January 17, 2002.
Order, Supreme Court, New York County (Michael Stallman, J.), entered December 22, 2000, which converted defendant's motion, brought pursuant to CPLR 3211(a (1), to a motion for summary judgment and thereupon granted said motion dismissing the complaint, unanimously affirmed, without costs.
Lazar Kovachevich, pro se for plaintiff-appellant.
Glenda Fussa for defendant-respondent.
Before: Ellerin, J.P., Lerner, Rubin, Buckley, Friedman, JJ.
The motion court properly dismissed plaintiff's complaint for failure to comply with contractual and statutory notice of claim provisions (see, Master Painting Roofing Corp. v. New York City Hous. Auth., 258 A.D.2d 275; Leon v. City of New York, 214 A.D.2d 455). Absent a substantive cause of action, the punitive damages claim was not viable (Rocanova v. Equitable Life Assur. Soc., 83 N.Y.2d 603, 616-617), and, in any event, does not lie against defendant (Sharapata v. Town of Islip, 56 N.Y.2d 332).
We have considered plaintiff's other contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.