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MATTER OF PHILBIN v. CITY OF NEW YORK

Index No. 151922/22, Appeal No. 2042, Case No. 2023-00517.

2024 NY Slip Op 01998

IN THE MATTER OF STEPHEN PHILBIN, Petitioner-Respondent, v. THE CITY OF NEW YORK, ET AL., Respondents-Appellants.

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

Decided April 11, 2024.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Julie Steiner of counsel), for The City of New York, appellant.

Lester Schwab Katz & Dwyer, LLP, New York ( John Sandercock of counsel), for New York City Housing Authority, appellant.

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York ( Richard M. Steigman of counsel), for respondent.

Before: Gesmer, J.P., Shulman, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (J. Machelle Sweeting, J.), entered on or about October 12, 2022, which granted petitioner's motion for leave to file a late notice of claim, unanimously reversed, on the law, without costs, and the motion denied.

Petitioner's motion for leave to file a late notice of claim against respondent City of New York should have been denied, as the claim against the City plainly lacks merit (see Alladice v City of New York, ...

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