LUGO v. NEW YORK CITY HOUSING AUTHORITY

Reset A A Font size: Print

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

Valeriana LUGO, Petitioner-Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent-Respondent.

Decided: April 05, 2001

WILLIAMS, J.P., MAZZARELLI, WALLACH, BUCKLEY and FRIEDMAN, JJ. Kenneth S. Feraru, for Petitioner-Appellant. Caryn L. Lilling, for Respondent-Respondent.

Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered February 28, 2000, which denied plaintiff's application to serve a late notice of claim, unanimously affirmed, without costs.

Petitioner contends that her notice of claim against defendant Housing Authority was not timely served because her attorney only belatedly ascertained that the owner of the premises where plaintiff's accident is alleged to have occurred was not the City of New York but defendant Housing Authority.   The failure of plaintiff to communicate to her attorney the proper party to sue, however, does not, particularly under the present circumstances in which the identity of the owner of the subject premises was easily ascertainable, excuse plaintiff's failure to serve a timely notice of claim (see, Quinn v. Manhattan and Bronx Surface Tr. Operating Auth., 273 A.D.2d 144, 710 N.Y.S.2d 894;  Seif v. City of New York, 218 A.D.2d 595, 596, 630 N.Y.S.2d 742).   Additionally, we would note that the description of the claim, even if timely served, would have been insufficient in describing the place and nature of the accident, and would not have provided respondent with adequate notice to conduct a meaningful investigation.