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MARTINEZ v. CITY OF NEW YORK

48 A.D.3d 257 (2008)

852 N.Y.S.2d 70

TRINIDAD MARTINEZ et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided February 7, 2008.

Dismissal of the complaint against NYCHA was appropriate in this action where plaintiffs were allegedly injured in an automobile accident involving a vehicle owned by the City and/or NYCHA. The City was served with timely notices of claims on behalf of all plaintiffs, but plaintiffs never served a notice of claim on NYCHA and never moved for leave to serve a late notice of claim even after becoming aware of this omission when served with NYCHA's answer within the limitations...

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