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SAL JENKINS, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

The purported error in ascertaining the correct party to sue did not constitute an adequate excuse for petitioner's delay in filing a notice of claim ( see Seif v. City of New York, 218 AD2d 595). Petitioner's application was also deficient due to its failure to make any showing that respondents had actual knowledge of the facts and circumstances constituting the claim within the statutorily prescribed 90-day filing period or within a reasonable time thereafter, and its failure to show that the lack of timely notice would not prejudice respondents' investigation and defense of the claim ( see General Municipal Law § 50-e; Pineda v. City of New York, 305 AD2d 294; Chattergoon v. New York City Hous. Auth., 161 AD2d 141, affd 78 NY2d 958).

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JENKINS v. NEW YORK CITY HOUSING AUTHORITY
(May 2, 2006)