PHOENIX SOUND INC v. CITY OF NEW YORK

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Supreme Court, Appellate Division, First Department, New York.

PHOENIX SOUND, INC., doing business as Soundfactory, et al., Petitioners-Respondents, v. The CITY OF NEW YORK, Respondent-Appellant.

Decided: June 30, 2005

SAXE, J.P., ELLERIN, SWEENY, CATTERSON, JJ. Michael A. Cardozo, Corporation Counsel, New York (Victoria Scalzo of counsel), for appellant.

Order and judgment (one paper), Supreme Court, New York County (Emily Jane Goodman, J.), entered April 8, 2004, which granted petitioners leave to file a late notice of claim except as to their claims for defamation, injurious falsehood, tortious interference with contractual and prospectively contractual relations and prima facie tort, unanimously modified, on the law, leave denied as to any claims arising prior to February 7, 2003 as well as all claims for negligent hiring, training, retention and supervision, and otherwise affirmed, without costs.

With regard to claims pre-dating February 7, 2003, there is no indication when they accrued, and petitioners did not sufficiently set forth the manner in which such claims arose to allow respondent adequately to investigate and evaluate their merits (see General Municipal Law § 50-e[1][a];  Brown v. City of New York, 95 N.Y.2d 389, 718 N.Y.S.2d 4, 740 N.E.2d 1078 [2000] ).   The conclusory claims of negligence in hiring, training, retention and supervision were likewise too vague to provide respondent adequate notice for proper investigation.

We have considered respondent's remaining contentions and find them without merit.