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Matter of Estevez v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 484 (N.Y. App. Div. 1991)

Opinion

January 15, 1991

Appeal from the Supreme Court, Bronx County (Lewis R. Friedman, J.).


Petitioners' inadvertent failure to name and serve the New York City Housing Authority Police Department was excusable in light of counsel's reliance upon the information contained upon a warrant used to support the police activity underlying the causes of action in each case. A subsequent investigation revealed that the New York City Housing Authority police were also involved in the incident, and upon such discovery, petitioners' counsel moved promptly to extend its time to amend and serve a notice of claim pursuant to section 50-e (5) of the General Municipal Law. Respondent New York Housing Authority had actual notice of the event underlying petitioners' claims, and was given actual notice of petitioners' claim within a reasonable time after expiration of the statutory 90-day period. Accordingly, respondent has failed to demonstrate any real prejudice that would result by allowing petitioners to proceed with their claim.

Concur — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ.


Summaries of

Matter of Estevez v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 484 (N.Y. App. Div. 1991)
Case details for

Matter of Estevez v. Police Department

Case Details

Full title:In the Matter of ARACELY ESTEVEZ, an Infant, by Her Mother and Natural…

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

Date published: Jan 15, 1991

Citations

169 A.D.2d 484 (N.Y. App. Div. 1991)
564 N.Y.S.2d 355