SIMMONS v. NEW YORK CITY HOUS. AUTH.


161 A.D.2d 377 (1990)

Robin Simmons, Respondent, v. New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1990


Plaintiff was allegedly injured exiting an elevator in her apartment building, which was under defendant's control. A notice of claim under General Municipal Law § 50-e (1) was timely filed, but with the City Comptroller instead of defendant. Plaintiff's attorney did not learn of the error until two days after expiration of the 90-day statutory period within which to file notice of claim. Thirty-eight days after expiration of the statutory period, plaintiff moved for...

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