Turner v. City of New York

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered January 19, 2011, which granted petitioner’s motion to deem the notice of claim timely filed nunc pro tunc, unanimously reversed, on the law and the facts, without costs, and the motion denied.

Petitioner was injured on April 14, 2009 while working in an elevator in defendants’ building. Plaintiff believed that he could not sue because his claim was covered by the Workers’ Compensation Law, and thus, he did not seek legal advice until July 13, *6362010. On that day, he retained counsel who immediately served a notice of claim.…