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RUIZ v. NEW YORK CITY HOUS. AUTH.

216 A.D.2d 258 (1995)

629 N.Y.S.2d 222

Nareida Ruiz, Respondent, v. New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 29, 1995

The motion was properly denied insofar as based on plaintiff's failure to appear for a physical examination, where the date for such examination had been postponed indefinitely and defendant never attempted to secure its right thereto by serving plaintiff with another demand therefor (compare, Best v City of New York, 97 A.D.2d 389, affd 61 N.Y.2d 847). Nor should the action be dismissed...

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