LOPEZ v. NEW YORK CITY HOUSING AUTHORITY

We agree with the IAS Court that notwithstanding the accident report prepared by respondent's staff on the same day that petitioner fell in respondent's building, the record does not show that respondent had actual knowledge of the claim and that the failure of petitioner's two prior attorneys to timely serve a notice of claim is not a sufficient excuse for the delay (see, Chattergoon v New York City Hous. Auth., 161 A.D.2d 141, lv granted 167 A.D.2d 991, affd 78 N.Y.2d 958).

Concur — Murphy, P.J., Milonas, Rosenberger and Wallach, JJ.