From Casetext: Smarter Legal Research

Matter of Valle v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 433 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Kings County (Shaw, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant's timely notice of claim alleging a slip and fall on ice concededly misidentified the accident site and the photographs accompanying the notice of claim contained no street signs or landmarks. Thus, the notice of claim was inadequate to meet the statutory requirements set forth in General Municipal Law § 50-e (2). Neither the appellant's testimony seven months after the accident at a hearing pursuant to General Municipal Law § 50-h in which she placed the accident site "on a sidewalk, sort of an exit from one of the projects * * * on 28th Street", nor her amended notice of claim proffered two weeks later, depicting the accident as occurring on the sidewalk alongside the parking lot * * * located on the side of 2925 West 27th Street", served to dissipate the prejudice to the respondent in its attempt to conduct a timely and meaningful investigation (see, Ortiz v. New York City Hous. Auth., 201 A.D.2d 547; Setton v. City of New York, 174 A.D.2d 723). Moreover, the report of the Housing Authority police officer filed on the date of the accident did not provide a basis for imparting knowledge of the appellant's claim to the respondent (see, Caselli v. City of New York, 105 A.D.2d 251; Krug v. City of New York, 147 A.D.2d 449). Accordingly, the Supreme Court did not improvidently exercise its discretion in denying the appellant's petition to deem her amended notice of claim timely served and in dismissing the complaint. Mangano, P.J., Copertino, Joy and Altman, JJ., concur.


Summaries of

Matter of Valle v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 433 (N.Y. App. Div. 1996)
Case details for

Matter of Valle v. New York City Hous. Auth

Case Details

Full title:In the Matter of GRECIA VALLE, Appellant, v. NEW YORK CITY HOUSING…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 433 (N.Y. App. Div. 1996)
637 N.Y.S.2d 757

Citing Cases

Yankana v. City of New York

met when the notice describes the accident with sufficient particularity so as to enable the defendant to…

Torres v. Town of Babylon

was made in bad faith, the record demonstrates prejudice to the respondent, the defendant Town of Babylon…