Legal Opinion

Kovachevich v. New York City Housing Authority

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

Decided January 17, 2002Published

1Opinion of the Court

Order, Supreme Court, New York County (Michael Stallman, J.), entered December 22, 2000, which converted defendant’s motion, brought pursuant to CPLR 3211 (a) (1), to a motion for summary judgment and thereupon granted said motion dismissing the complaint, unanimously affirmed, without costs.

The motion court properly dismissed plaintiffs complaint for failure to comply with contractual and statutory notice of claim provisions (see, Master Painting & Roofing Corp. v New York City Hous. Auth., 258 AD2d 275; Leon v New York City Hous. Auth., 214 AD2d 455). Absent a substantive cause of action,…

2Cases cited4 opinions

  1. Rocanova v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1994
  2. Sharapata v. Town of IslipNew York Court of Appeals · 1982
  3. In re ShahAppellate Division of the Supreme Court of the State of New York · 1999
  4. Leon v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995

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