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MATTER OF O'ROURKE v. NEW YORK CITY HOUS. AUTH.

Index No. 802974/21E. Appeal No. 15715. Case No. 2021-03828.

204 A.D.3d 473 (2022)

164 N.Y.S.3d 440

2022 NY Slip Op 02365

In the Matter of Robert O'Rourke et al., Respondents, v. New York City Housing Authority, Appellant, et al., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 12, 2022.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York (Sharyn Rootenberg, of counsel) for appellant.

Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Gesmer, Oing, JJ.

Petitioners failed to establish that NYCHA acquired actual knowledge of the facts constituting their claim within 90 days after the claim arose or a reasonable time thereafter and failed to establish that NYCHA was not prejudiced by the delay (see General Municipal Law § 50-e[5]; Zapata v New York City Hous. Auth., 115 A.D.3d 606 [1st Dept 2014]). Petitioners also failed to establish a reasonable excuse for the delay...

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