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MATTER OF BARZAGA v. NEW YORK CITY HOUS. AUTH.

204 A.D.2d 163 (1994)

612 N.Y.S.2d 122

In the Matter of Marie Barzaga et al., Appellants, v. New York City Housing Authority, Respondent

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

May 17, 1994

Claimants offer no excuse for failure to timely serve the respondent other than a failure to properly research ownership of the premises. Notice of claim was not served upon the respondent until one year and one month after the occurrence, at a time when the condition of the door which allegedly caused claimant's injury could not be ascertained, resulting in actual prejudice to respondent. The vague and unsubstantiated allegation...

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