RIVERA v. NEW YORK CITY HOUSING AUTHORITY

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

Vilmaris RIVERA, etc., et al., Plaintiffs-Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Defendant-Respondent.

Decided: January 21, 1997

Before WALLACH, J.P., and NARDELLI, TOM, MAZZARELLI, and ANDRIAS, JJ. Nancy E. Cohen, for Plaintiffs-Appellants. John G. Chaconas, for Defendant-Respondent.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered September 20, 1995, which granted defendant's motion to dismiss the complaint for failure to timely serve a proper notice of claim, unanimously affirmed, without costs.

 We agree with the IAS Court that defendant was prejudiced by plaintiffs' failure to provide the correct address of the building where the accident occurred until service of their summons and complaint, some nine months after the accident (Barno v. New York City Hous. Auth., 185 A.D.2d 292, 586 N.Y.S.2d 291;  see also, Matter of Green v. New York City Hous. Auth., 180 A.D.2d 586, 580 N.Y.S.2d 743).   We also agree with the IAS Court that there was no excuse for this delay, plaintiffs having been advised by defendant some three months after the accident that it did not own a building at the address given in plaintiffs' notice of claim.

MEMORANDUM DECISION.