Rollins v New York City Hous. Auth.

[*1] Rollins v New York City Hous. Auth. 2015 NY Slip Op 50624(U) Decided on April 27, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 27, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Hunter, Jr., Ling-Cohan, JJ.
570633/13

Carolyn Rollins, Plaintiff-Appellant,

against

New York City Housing Authority, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered November 14, 2014, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5) and (7).

Per Curiam.

Order (Tanya R. Kennedy, J.), entered November 14, 2014, affirmed, with $10 costs.

This action, seeking recovery of damages from defendant New York City Housing Authority arising from an alleged illegal eviction, must be dismissed in view of plaintiff-tenant's demonstrated failure to serve a timely and proper notice of claim upon the agency (see Public Housing Law § 157[1]; Sialeu v New York City Hous. Auth., 124 AD3d 623 [2015]). Dismissal is also warranted on the merits, since the record conclusively establishes that plaintiff's eviction was carried out in accordance with a duly issued warrant (see Campbell v Maslin, 91 AD2d 559 [1982]) affd 59 NY2d 722 [1982]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: April 27, 2015