Alvarez v. New York City Housing Authority

A petition for leave to serve a late notice of claim upon a public authority may not be made more than one year and 90 days after the happening of the event upon which the claim is based, unless the statute has been tolled (see General Municipal Law § 50-e [5]; § 50-i [1]; Pierson v City of New York, 56 NY2d 950, 954 [1982]; Cohen v Pearl Riv. Union Free School Dist., 51 NY2d 256, 262-263 [1980]). It is uncontroverted that the petitioner timely commenced this proceeding by filing an order to show cause and petition with the Kings County Clerk within one year and 90 days after the claim…