Owens v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Owens v. New York City Housing Authority

203 A.D.2d 441, 610 N.Y.S.2d 864, 1994 N.Y. App. Div. LEXIS 3996

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 1994

StatusPublished

Cited by2 cases

This text of 203 A.D.2d 441 (Owens v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owens v. New York City Housing Authority, 203 A.D.2d 441, 610 N.Y.S.2d 864, 1994 N.Y. App. Div. LEXIS 3996 (N.Y. Ct. App. 1994).

Pincite

Opinion

—In an action to recover damages, inter alia, for personal injuries, etc., the defendant New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated March 26, 1992, as denied its motion to dismiss the complaint for the plaintiffs’ failure to comply with General Municipal Law § 50-h, and granted that branch of the plaintiffs’ cross motion which was to strike the defendant’s tenth affirmative defense.

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the record fails to establish that the defendant New York City Housing Authority properly served the plaintiffs with a written demand for an examination pursuant to General Municipal Law § 50-h, there was no bar to the commencement of the action (see, General Municipal Law § 50-h [2], [5]). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages, inter alia, for personal injuries, etc., the defendant New York City Housing Authority appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated March 26, 1992, as denied its motion to dismiss the complaint for the plaintiffs’ failure to comply with General Municipal Law § 50-h, and granted that branch of the plaintiffs’ cross motion which was to strike the defendant’s tenth affirmative defense.

Ordered that the order is affirmed insofar as appealed from, with costs.

Since the record fails to establish that the defendant New York City Housing Authority properly served the plaintiffs with a written demand for an examination pursuant to General Municipal Law § 50-h, there was no bar to the commencement of the action (see, General Municipal Law § 50-h [2], [5]). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

203 A.D.2d 441, 610 N.Y.S.2d 864, 1994 N.Y. App. Div. LEXIS 3996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-new-york-city-housing-authority-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack