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LOZANO v. NEW YORK CITY HOUS. AUTH.

4494, 24019/14.

153 A.D.3d 1173 (2017)

2017 NY Slip Op 06614

62 N.Y.S.3d 46

BENJAMIN LOZANO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided September 26, 2017.

The motion court lacked discretion to grant plaintiff leave to file a late notice of claim, as he failed to move for that relief before the one year and 90-day statute of limitations expired (see Pierson v City of New York, 56 N.Y.2d 950, 954-955 [1982]; Matter of Carpenter v New York City Hous. Auth., 146 A.D.3d 674 [1st Dept 2017], lv denied 29 N.Y.3d 911

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