Moronta v. NYCHA

Moronta v NYCHA (2021 NY Slip Op 50430(U)) [*1] Moronta v NYCHA 2021 NY Slip Op 50430(U) [71 Misc 3d 136(A)] Decided on May 14, 2021 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on May 14, 2021 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Higgitt, J.P., Brigantti, Hagler, JJ. 570018/21 Trinidad Moronta, Plaintiff-Respondent, against NYCHA, Defendant-Appellant. Defendant appeals from an order of the Civil Court of the City of New York, New York County (Denise M. Dominguez, J.), entered July 16, 2019, which denied its motion for summary judgment dismissing the complaint and, on the court's own motion, granted plaintiff leave to serve an "amended" notice of claim within 60 days. Per Curiam. Order (Denise M. Dominguez, J.), entered July 16, 2019, reversed, without costs, defendant's motion for summary judgment dismissing the complaint granted and the direction to file an "amended" notice of claim vacated. The Clerk is directed to enter judgment accordingly. Defendant's motion for summary judgment dismissing the complaint, on the ground that plaintiff failed to timely file a notice of claim, should have been granted. Plaintiff's January 5, 2017 notice of claim, which contained a claim for property damage that occurred in 2007, was a nullity, because it was untimely by nearly 10 years (see Public Housing Law § 157(2); General Municipal Law § 50-e[1][a]) and served without leave of court (see Croce v City of New York, 69 AD3d 488 [2010]; McGarty v City of New York, 44 AD3d 447, 448 [2007]). In the circumstances, "no attempt to amend that notice of claim is permitted" (Henry v Aguilar, 282 AD2d 711 [2001], lv denied 97 NY2d 602 [2001]; see Matter of White v New York City Hous. Auth., 38 AD3d 675 [2007]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concurI concur Decision Date: May 14, 2021