Matter of Reddick v. New York City Hous. Auth.
Cases that cite this one
10 later published cases cite this decision.
- Matter of Esquilin v. City of New York (Appellate Division of the Supreme Court of New York 2025)
- Matter of Rios v. County of Nassau (Appellate Division of the Supreme Court of New York 2023)
- Matter of St. Hilaire v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2023)
- Matter of Sumi v. Village of Stewart Manor (Appellate Division of the Supreme Court of New York 2023)
- Lobos v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Matter of Brown v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Matter of Ortiz v. Westchester County (Appellate Division of the Supreme Court of New York 2022)
- Matter of Vincent v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Matter of Robinson v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Pannell v. New York City Health & Hosps. Corp. (Appellate Division of the Supreme Court of New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
| Matter of Reddick v New York City Hous. Auth. |
| 2020 NY Slip Op 06531 |
| Decided on November 12, 2020 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 12, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
2019-00670
(Index No. 516818/17)
v
New York City Housing Authority, appellant.
Herzfeld & Rubin, P.C., New York, NY (Miriam Skolnick and Sharyn Rootenberg of counsel), for appellant.
DECISION & ORDER
In a proceeding, inter alia, pursuant to General Municipal Law § 50-e(5) for leave to deem a late notice of claim timely served nunc pro tunc, the New York City Housing Authority appeals from an order of the Supreme Court, Kings County (Wayne Saitta, J.), dated December 13, 2018. The order, insofar as appealed from, granted that branch of the petition which was to deem a late notice of claim timely served nunc pro tunc.
ORDERED that order is affirmed insofar as appealed from, without costs or disbursements.
The petitioner was severely burned in her apartment. The petitioner commenced this proceeding, inter alia, pursuant to General Municipal Law § 50-e(5) for leave to deem a late notice of claim timely served upon the New York City Housing Authority (hereinafter NYCHA) nunc pro tunc. In an order dated December 13, 2018, the Supreme Court, among other things, granted that branch of the petition which was to deem the late notice of claim timely served nunc pro tunc. NYCHA appeals.
"In determining whether to grant a petition for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc, the court must consider all relevant circumstances, including whether (1) the public corporation acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose or a reasonable time thereafter, (2) the claimant demonstrated a reasonable excuse for the failure to serve a timely notice of claim, and (3) the delay would substantially prejudice the public corporation in its defense on the merits" (Matter of Nadler v City of New York, 166 AD3d 618, 619; see Matter of Weaver v City of New York, 138 AD3d 873, 874). "A petition for leave to serve a late notice of claim or to deem a late notice of claim timely served nunc pro tunc is addressed to the sound discretion of the court" (Matter of Nadler v City of New York, 166 AD3d at 620; see General Municipal Law § 50-e[5]). Here, considering all the relevant facts and circumstances, the Supreme Court providently exercised its discretion in granting that branch of the petition which was to deem the late notice of claim timely served nunc pro tunc (see Matter of Brown v New York City Hous. Auth., 182 AD3d 594; Matter of Hubbard v County of Madison, 71 AD3d 1313, 1315-1316).
MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court
Case-law data current through September 30, 2026. Source: CourtListener bulk data.