Matter of Carpenter v. New York City Hous. Auth.

Jan 26, 2017
2864 154622/14
Versions:146 A.D.3d 674
44 N.Y.S.3d 906
2017 NY Slip Op 00541
2017 NY Slip Op 541

[44 NYS3d 906] Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered July 8, 2015, which granted defendants-respondents’ motions to dismiss the complaint against the New York Police Department (NYPD), “Human Resources” and the New York City Housing Authority (NYCHA), unanimously affirmed, without costs.

The court properly dismissed the complaint against NYCHA for plaintiff‘s failure to file a timely notice of claim or to seek leave to file a late notice of claim within the applicable one-year-and-90-day limitation period (see Public Housing Law § 157 [2]; General Municipal Law §§ 50-e [1]; 50-i [1] [c]; Davidson v Bronx Mun. Hosp., 64 NY2d 59, 61-62 [1984]; Pierson v City of New York, 56 NY2d 950, 955-956 [1982]; Fornabaio v City of New York, 41 AD3d 125 [1st Dept 2007]). The court also properly dismissed the complaint against NYPD and “Human Resources,” as agencies of the City are not amenable to being sued (see New York City Charter, ch 17, § 396), and plaintiff has failed to state facts sufficient to raise a cognizable cause of action. Concur —Acosta, J.P., Mazzarelli, Feinman and Webber, JJ.