From Casetext: Smarter Legal Research

Lee v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 356 (N.Y. App. Div. 1999)

Opinion

Argued September 24, 1999

November 15, 1999

Herzfeld Rubin, P.C., New York, N.Y. (Herbert Rubin, David B. Hamm, and Noreen M. Giusti of counsel), for appellant.

Harmon Linder, New York, N. Y. (Bhavisha Patel of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., DANIEL W. JOY, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, the defendant New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated May 1, 1998, as denied its cross motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

Contrary to the plaintiff's contention, the description of the accident location in her notice of claim was insufficient to allow the defendant New York City Housing Authority (hereinafter the Housing Authority) to conduct a proper investigation (see, De Los Santos v. New York City Hous. Auth., 214 A.D.2d 532 ). Since the notice of claim was deficient, the complaint must be dismissed insofar as asserted against the Housing Authority (see, Public Housing Law § 157; General Municipal Law § 50-e).

In light of our determination, the appellant's remaining contention need not be considered.

THOMPSON, J.P., JOY, McGINITY, and FEUERSTEIN, JJ., concur.


Summaries of

Lee v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 15, 1999
266 A.D.2d 356 (N.Y. App. Div. 1999)
Case details for

Lee v. City of New York

Case Details

Full title:GLORIA LEE, respondent, v. CITY OF NEW YORK, defendant, NEW YORK CITY…

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

Date published: Nov 15, 1999

Citations

266 A.D.2d 356 (N.Y. App. Div. 1999)
698 N.Y.S.2d 154