On June 08, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Shirley Petway,
and
New York City Housing Authority,
for Torts - Other (PERSONAL INJURY)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020
EXHIBIT D
FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x Index No.
SHIRLEY PE1WAY,
Petitioner,
AFFIDAVIT
against
NEW YORK CITY HOUSING AUTHORITY,
Respondent
x
STATE OF NEW YORK
COUNTY OF NEW YORK
SHIRLEY PETWAY, being duly swom, deposes and says:
1. That I reside at 70 Malcolm X Boulevard, Apt. 2J, New York,
NY, and make this Petition in support of the instant application for deeming
the Notice of Claim filed upon NEW YORK CITY HOUSING AUTHORITY,
timely filed nunc pro tunc in accordance with Sec. 50(e) of the General
Municipal Law.
2. This is a claim for personal injuries sustained by me, all as a
result of the negligence of the respondent in its ownership, operation,
maintenance, supervision, management and control of the premises located
at 70 Malcolm X Boulevard, New York, NY owned and operated by the
respondent
S. I was caused to sustain serious personal injuries as a result of
the negligence of the Respondent when I tripped and fell in Apt.2J of said
premises due to its dangerous and defective condition of the flooring in said
FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020
apartment. As a result of my fall on August 24, 2019, I was treated at Harlem
Hospital in the emergency room. X-rays were taken and I was diagnosed
with a fractured left hip requiring surgery. I was then transported to Jacobi
Hospital at which time I had surgery with hardware inserted in my left hip on
September 3, 2019. Thereafter I was taken by ambulance to Northem
Manhattan Rehabilitation and Nursing Center for rehabilitation until October
23, 2019 at which time I was discharged and retumed home where I was
confined and unable to leave. At home Icontinued to receive physical
therapy. I continued to have severe pain. As a result, I went to Mt. Sinai/St.
Luke's Hospital on January 10, 2020 at which time x-rays were taken and it
was determined that my left hip was dislocated and I required additional
surgery. I still have not retumed home.
4. On January 13, 2020, I retained the office of SURNS &
HARRIS, ESQS. to represent me. I have been informed by my attomeys,
BURNS & HARRIS, ESQS., that a Notice of Claim must be filed against NEW
YORK CITY HOUSING AUTHORITY, and that an application must be
submitted to this court deeming the Notice of Claim timely filed mm pro tunc.
Hence, the necessity for this motion.
5. I was not aware of the time limits necessary to file a Notice of
Claim. Additionally, I have been in and out of the hospital since my accident
and was not able to consult with an attomey.
6. Thereafter a Notice of Claim was filed with NEW YORK CITY
HOUSING AUTHORITY on January 15, 2020. 1respectfully submit that there
FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020
is no prejudice to NEW YORK CITY HOUSING AUTHORITY in that my son
Luis reported my accident to respondent NEW YORK CITY HOUSING
AUTHORITY shortly after its occurrence.
7. I have a good and meritorious cause of action as outlined
above.
8. No prior application for the relief sought herein has heretofore
made.
WHEREFORE, it is respectfully requested that the instant relief be
granted in its entirety, together with such other and further and different relief
as to this court may seem just and proper.
IRLEY
SHIRLEY PETWAY, being duly swom, deposes and says: That he is
the petitioner in the within action; that he has read the foregoing petition and
knows the contents thereof; that the same is true to him own knowledge
except as to those matters therein stated to be alleged,upon information and
belief, and as to those matters, he believes it to be true.
IR PETW
Swom to before me this;he. 202.o
2,
NOTARY P RYANLAND
No. 01\ AB822632
AprR 202S
Document Filed Date
June 18, 2020
Case Filing Date
June 08, 2020
Category
Torts - Other (PERSONAL INJURY)
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FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020 EXHIBIT D FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x Index No. SHIRLEY PE1WAY, Petitioner, AFFIDAVIT against NEW YORK CITY HOUSING AUTHORITY, Respondent x STATE OF NEW YORK COUNTY OF NEW YORK SHIRLEY PETWAY, being duly swom, deposes and says: 1. That I reside at 70 Malcolm X Boulevard, Apt. 2J, New York, NY, and make this Petition in support of the instant application for deeming the Notice of Claim filed upon NEW YORK CITY HOUSING AUTHORITY, timely filed nunc pro tunc in accordance with Sec. 50(e) of the General Municipal Law. 2. This is a claim for personal injuries sustained by me, all as a result of the negligence of the respondent in its ownership, operation, maintenance, supervision, management and control of the premises located at 70 Malcolm X Boulevard, New York, NY owned and operated by the respondent S. I was caused to sustain serious personal injuries as a result of the negligence of the Respondent when I tripped and fell in Apt.2J of said premises due to its dangerous and defective condition of the flooring in said FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020 apartment. As a result of my fall on August 24, 2019, I was treated at Harlem Hospital in the emergency room. X-rays were taken and I was diagnosed with a fractured left hip requiring surgery. I was then transported to Jacobi Hospital at which time I had surgery with hardware inserted in my left hip on September 3, 2019. Thereafter I was taken by ambulance to Northem Manhattan Rehabilitation and Nursing Center for rehabilitation until October 23, 2019 at which time I was discharged and retumed home where I was confined and unable to leave. At home Icontinued to receive physical therapy. I continued to have severe pain. As a result, I went to Mt. Sinai/St. Luke's Hospital on January 10, 2020 at which time x-rays were taken and it was determined that my left hip was dislocated and I required additional surgery. I still have not retumed home. 4. On January 13, 2020, I retained the office of SURNS & HARRIS, ESQS. to represent me. I have been informed by my attomeys, BURNS & HARRIS, ESQS., that a Notice of Claim must be filed against NEW YORK CITY HOUSING AUTHORITY, and that an application must be submitted to this court deeming the Notice of Claim timely filed mm pro tunc. Hence, the necessity for this motion. 5. I was not aware of the time limits necessary to file a Notice of Claim. Additionally, I have been in and out of the hospital since my accident and was not able to consult with an attomey. 6. Thereafter a Notice of Claim was filed with NEW YORK CITY HOUSING AUTHORITY on January 15, 2020. 1respectfully submit that there FILED: NEW YORK COUNTY CLERK 06/18/2020 10:53 AM INDEX NO. 154065/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/18/2020 is no prejudice to NEW YORK CITY HOUSING AUTHORITY in that my son Luis reported my accident to respondent NEW YORK CITY HOUSING AUTHORITY shortly after its occurrence. 7. I have a good and meritorious cause of action as outlined above. 8. No prior application for the relief sought herein has heretofore made. WHEREFORE, it is respectfully requested that the instant relief be granted in its entirety, together with such other and further and different relief as to this court may seem just and proper. IRLEY SHIRLEY PETWAY, being duly swom, deposes and says: That he is the petitioner in the within action; that he has read the foregoing petition and knows the contents thereof; that the same is true to him own knowledge except as to those matters therein stated to be alleged,upon information and belief, and as to those matters, he believes it to be true. IR PETW Swom to before me this;he. 202.o 2, NOTARY P RYANLAND No. 01\ AB822632 AprR 202S