Legal Opinion

Funt v. Human Resources Administration

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 2009PublishedCited by 4 opinions

1Opinion of the Court

Dismissal of this pro se action alleging negligent failure to provide assistance to avert eviction was proper as the Human Resources Administration was not a proper party (see NY City Charter § 396; Siino v Department of Educ. of City of N.Y., 44 AD3d 568 [2007]), the notice of claim was not served within 90 days after plaintiffs claim arose (General Municipal Law § 50-e [1] [a]), i.e., the date of plaintiffs eviction, plaintiff did not seek leave to serve a late notice of claim (General Municipal Law § 50-e [5]), and the action was commenced more than one year *491and 90 days after plaintiffs…

2Cases cited3 opinions

  1. Pelaez v. SeideNew York Court of Appeals · 2004
  2. Kovit v. Estate of HallumsNew York Court of Appeals · 2005
  3. Siino v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. Brodt v. City of New YorkDistrict Court, S.D. New York · 2014
  2. Komatsu v. New York City Human Resources Admin.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Komatsu v. New York City Human Resources Admin.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Jasper v. City of New York Corp. CounselAppellate Terms of the Supreme Court of New York · 2018

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