MATTER OF BENTO v. DORMITORY AUTH. OF STATE OF N.Y.

Index No. 154646/19. Appeal No. 12451N. Case No. 2020-01799.

188 A.D.3d 516 (2020)

132 N.Y.S.3d 604

2020 NY Slip Op 06698

In the Matter of Anthony Bento, Respondent, v. Dormitory Authority of the State of New York, Appellant.

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

Decided November 17, 2020.


The court improvidently exercised its discretion in granting petitioner's motion to file a late notice of claim (Matter of Hess v West Seneca Cent. School Dist., 15 N.Y.3d 813, 814 [2010]). It is well settled that as an out-of-possession title owner, respondent Dormitory Authority does not bear liability for personal injuries suffered at CUNY buildings (Dempaire v City of New York, 61 A.D.3d 816

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