Colasuonno v. Municipal Housing Authority

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1961-01-25
Citations: 12 A.D.2d 866, 210 N.Y.S.2d 45, 1961 N.Y. App. Div. LEXIS 13037
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Lead Opinion

Appeal from an order of a Special Term, Supreme Court, Albany County. Plaintiffs’ complaint against defendant public housing authority has been dismissed at Special Term because of a failure to file a notice of claim within 90 days pursuant to section 50 -e of the General Municipal Law, which superseded “ inconsistent provisions of any general, special or local law * * * and shall be controlling.” (L. 1945, ch. 694, § 13.) It has been held that this shorter period, rather than the six-month period allowed by section 157 of the Public Housing Law is controlling. (Robinson v. New York City Housing Auth., 7 N Y 2d 908; cf. Public Housing Law, § 3.) Order unanimously affirmed, with $10 costs.