Simmons v. New York City Housing Authority

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered March 10, 1989, granting plaintiff permission to serve a late notice of claim, is unanimously affirmed, without costs or disbursements.

Plaintiff was allegedly injured exiting an elevator in her apartment building, which was under defendant’s control. A notice of claim under General Municipal Law § 50-e (1) was timely filed, but with the City Comptroller instead of defendant. Plaintiff’s attorney did not learn of the error until two days after expiration of the 90-day statutory period within which to file notice of claim.…