MORONTA v. NYCHA (2021)

Supreme Court, Appellate Term, New York,

Trinidad MORONTA, Plaintiff-Respondent, v. NYCHA, Defendant-Appellant.

570018 /21

Decided: May 14, 2021

PRESENT: Higgitt, J.P., Brigantti, Hagler, JJ.

Order (Denise M. Dominguez, J.), entered July 16, 2019, reversed, without costs, defendant's motion for summary judgment dismissing the complaint granted and the direction to file an “amended” notice of claim vacated. The Clerk is directed to enter judgment accordingly.

Defendant's motion for summary judgment dismissing the complaint, on the ground that plaintiff failed to timely file a notice of claim, should have been granted. Plaintiff's January 5, 2017 notice of claim, which contained a claim for property damage that occurred in 2007, was a nullity, because it was untimely by nearly 10 years (see Public Housing Law § 157(2); General Municipal Law § 50-e[1][a]) and served without leave of court (see Croce v City of New York, 69 AD3d 488 [2010]; McGarty v City of New York, 44 AD3d 447, 448 [2007]). In the circumstances, “no attempt to amend that notice of claim is permitted” (Henry v Aguilar, 282 AD2d 711 [2001], lv denied 97 NY2d 602 [2001]; see Matter of White v New York City Hous. Auth., 38 AD3d 675 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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