Lumbermens Mutual Casualty Co. v. Port Authority
Opinion of the Court
In an action to recover for property damages, the defendant Port Authority of New York and New Jersey (hereinafter Port Authority) appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), entered December 22, 1986, which granted the plaintiff’s motion for leave to serve a late notice of claim nunc pro tunc and denied the Port Authority’s cross motion to dismiss the complaint insofar as it is asserted against it.
Ordered that the order is reversed, on the law, with costs, the plaintiff’s motion is denied, the Port Authority’s cross motion is granted, and the complaint is dismissed insofar as it is asserted against the Port Authority.
In this case it is undisputed that a notice of claim was
Failure to satisfy this condition results in a withdrawal of consent and compels the dismissal of the action for lack of subject matter jurisdiction (see, Giannone v Port Auth., 127 AD2d 818, 819: Luciano v Fanberg Realty Co., 102 AD2d 94). Accordingly, the Port Authority’s motion to dismiss the complaint insofar as it is asserted against it must be granted. Mollen, P. J., Kunzeman, Rubin and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.