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Guzman v. New York City Housing Authority
2003 N.Y. App. Div. LEXIS 12584
| N.Y. App. Div. | 2003
|
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Order, Supreme Court, Bronx County (Robert Straus, J.), entered July 23, 2002, which, insofar as appealed from as limited by the briefs, denied defendant New York City Housing Authority’s motion to dismiss the complaint for plaintiffs failure to comply with appellant’s demands for physical and oral examinations pursuant to General Municipal Law § 50-h, unanimously affirmed, without costs.

Plaintiff provided a reasonable excuse for her failure to appear at the noticed examinations. Unlike the plaintiff in Best v City of New York (97 AD2d 389 [1983], affd 61 NY2d 847 [1984]), plaintiff here did not repeatedly schedule the examinations and then fail to appear. Moreover, appellant acquired early actual knowledge of the facts constituting the claim and was not substantially prejudiced by the delay (see Jusino v New York City Hous. Auth., 255 AD2d 41, 46-47 [1999]). Concur—Buckley, PJ., Tom, Ellerin and Gonzalez, JJ.

Case Details

Case Name: Guzman v. New York City Housing Authority
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 25, 2003
Citation: 2003 N.Y. App. Div. LEXIS 12584
Court Abbreviation: N.Y. App. Div.
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