Appellate Division of the Supreme Court of New York, 1991

Sellars v. New York City Housing Authority

Sellars v. New York City Housing Authority
Appellate Division of the Supreme Court of New York · Decided May 28, 1991
173 A.D.2d 691; 571 N.Y.S.2d 1009; 1991 N.Y. App. Div. LEXIS 8196
Sellars v. New York City Housing Authority

Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Katz, J.), dated April 11, 1989, which denied his motion for leave to serve a late notice of claim.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, we find that the Supreme Court did not improvidently exercise its discretion in denying his motion for leave to file a late notice of claim (see, General Municipal Law § 50-e). The plaintiff offered no excuse for his failure to file a timely notice of claim, or for his 14-month delay in making the instant application (see, Perry v City of New York, 133 AD2d 692; Matter of Heather v County of Rensselaer, 88 AD2d 718; Rodriguez v City of New York, 86 AD2d 533). Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.

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