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NIEVES v. NEW YORK CITY HOUS. AUTH.

8004, 113632/08.

96 A.D.3d 621 (2012)

946 N.Y.S.2d 859

2012 NY Slip Op 5081

SUZANNE NIEVES, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

June 21, 2012.

Plaintiff's service of an admittedly late notice of claim "was a nullity" (McGarty v City of New York, 44 A.D.3d 447, 448 [2007]), and her failure to seek a court order excusing such lateness within one year and 90 days after the date of the accident requires dismissal of the action (id.; see General Municipal Law § 50-e [5]; § 50-i [1] [c]). We reject plaintiff's argument that defendant verbally agreed to...

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