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Zahra v. N.Y. City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 2007
39 A.D.3d 351 (N.Y. App. Div. 2007)

Opinion

April 17, 2007.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 31, 2006, which denied defendant-appellant's motion to strike certain allegations from the plaintiffs' complaint, bill of particulars and supplemental bill of particulars, unanimously affirmed, without costs.

Before: Saxe, J.P., Marlow, Buckley, Catterson and McGuire, JJ.


Plaintiffs stated in their original notice of claim that they were asserting a cause of action under General Municipal Law § 205-a. Necessarily, this gave defendant notice of a claim that plaintiff firefighter's injuries were the "result of . . . neglect, omission, willful or culpable negligence of defendant "in failing to comply with the requirements of any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments or of any and all their departments, divisions and bureaus." (General Municipal Law § 205-a.) Neither the General Municipal Law provisions as to notice of claim nor any governing case law requires a plaintiff alleging a General Municipal Law § 205-a claim to specify in the notice of claim the particular enactment violated ( see Simons v City of New York, 252 AD2d 451, 453 [1998]). We do not find plaintiffs' allegation, in the complaint as to specific Administrative Code sections insufficient at this stage.


Summaries of

Zahra v. N.Y. City Housing Auth

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 2007
39 A.D.3d 351 (N.Y. App. Div. 2007)
Case details for

Zahra v. N.Y. City Housing Auth

Case Details

Full title:ALFRED J. ZAHRA et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Apr 17, 2007

Citations

39 A.D.3d 351 (N.Y. App. Div. 2007)
834 N.Y.S.2d 143

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