(DOWNLOAD) "Matter Parker Moore v. New York City Housing Authority" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Parker Moore v. New York City Housing Authority
- Author : Supreme Court of New York
- Release Date : January 13, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The findings of fact below are affirmed. We accept the finding of fact made below that the petitioner, three days after the
accident, gave information to an employee of appellant, the New York City Housing Authority, at a local office in Brooklyn.
We agree that the report given contained all the essential information required in a notice of claim. The report was written
in hand by the employee of the Housing Authority and signed by petitioner. The defects of the document as a notice of claim
were that (1) it was not verified; (2) it was not served upon the person designated by law in the manner and method prescribed;
and (3) it was a report of an accident and not a notice of claim. The Housing Authority took no action on the report that
could have misled or prejudiced petitioner. The fact is that the Housing Authority did nothing in relation to petitioner,
though it investigated. Petitioner served a notice of claim on the City of New York in the mistaken belief it was the owner
of the building. On learning of his mistake some five months after the accident, he sought leave to serve a notice of claim
against the Housing Authority nunc pro tunc. We are of the opinion that the Special Term erred in treating the accident report
as a notice of claim. While the lack of verification may in a proper case be excused (General Municipal Law, § 50-e, subd.
6; Teresta v. City of New York, 304 N. Y. 440; McCullough v. Board of Educ. of Ramapo Cent. School Dist. No. 2, 11 A.D.2d
740), the failure to serve a notice of claim in the manner and method prescribed by statute upon the person designated by
law is a fatal defect (Public Housing Law, § 157, subd. 2; CPLR 312; Matter of Miller v. New York City Housing Auth., 7 A.D.2d
922, affd. 6 N.Y.2d 932; Matter of Goglas v. New York City Housing Auth., 13 A.D.2d 939, affd. 11 N.Y.2d 680). Disposition Order reversed, without costs, on the law, and application denied.
 "Matter Parker Moore v. New York City Housing Authority" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}