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FLORENCE AHNOR, plf-res, v. THE CITY OF NEW YORK def-ap, IPIS AGENCY def

8874. FLORENCE AHNOR, plf-res, v. THE CITY OF NEW YORK def-ap, IPIS AGENCY def — Michael A. Cardozo, Corporation Counsel, New York (William K. Chang of counsel), for ap — Finkelstein & Partners, LLP, Newburgh (Andrew L. Spitz of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 16, 2011, which denied the motion of defendants City of New York and New York City Department of Homeless Services to dismiss the complaint and all cross claims as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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8874. FLORENCE AHNOR, plf-res, v. THE CITY OF NEW YORK def-ap, IPIS AGENCY def — Michael A. Cardozo, Corporation Counsel, New York (William K. Chang of counsel), for ap — Finkelstein & Partners, LLP, Newburgh (Andrew L. Spitz of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 16, 2011, which denied the motion of defendants City of New York and New York City Department of Homeless Services to dismiss the complaint and all cross claims as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

On January 8, 2008, plaintiff was injured when she slipped and fell on a wet substance on the floor of premises owned by defendant City and leased by defendant Department of Homeless Services. On April 3, 2009, which was five days before the oneyear-and-90-day statute of limitations expired (General Municipal Law §50-i[1]), plaintiff moved for leave to file a late notice of claim. By order entered May 26, 2009, the court granted leave and directed plaintiff to serve the late notice of claim by June 25, 2009. On June 9, 2009, plaintiff filed the late notice of claim, and she commenced this action on June 23, 2009.

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