Legal Opinion

Alvarez v. New York City Housing Authority

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

Decided February 11, 1992Published

1Opinion of the Court

Order, Supreme Court, New York County (Myriam J. Altman, J.), entered December 6, 1990, which granted plaintiffs motion to dismiss defendant’s fourth affirmative defense, and denied defendant’s cross-motion for summary judgment, unanimously affirmed, without costs.

There is no merit to the fourth affirmative defense that the action is barred for failure to set forth the nature and location of the accident with sufficient specificity in the notice of claim. The information provided in the notice of claim " 'was adequate to enable the defendant to locate the defect and investigate the claim’ ”…

2Cases cited4 opinions

  1. Mitchell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  2. Bravo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
  3. Basile v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
  4. Capo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990

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