The First Department held that dismissal of the complaint against the Housing Authority was appropriate in Martinez v. City of New York, decided on February 7, 2008. The City was timely served with notices of claim on behalf of all plaintiffs, but plaintiffs never served a notice of claim on the Housing Authority and never moved for leave to serve a late notice of claim even after becoming aware of this omission when served with the Housing Authority's answer within the limitations period of one year and 90 days. Plaintiffs' cross motion to amend the notice of claim served on the City, to add the Housing Authority as a defendant, was untimely since it was made one year and seven months after the accident.

Practice point: Plaintiffs' attorney's letter to the Housing Authority alerting it to the accident could not substitute for a notice of claim since it did not contain the requisite information, and, in any event, the Housing Authority denied ever having received it.