JUSINO v. NYCHA


255 A.D.2d 41 (1999)

691 N.Y.S.2d 12

George Jusino et al., Appellants, v. New York City Housing Authority, Respondent In the Matter of George Jusino et al., Appellants, v. New York City Housing Authority, Respondent

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

April 29, 1999


Attorney(s) appearing for the Case

Steven J. Mines of counsel (Dubow & Smith, attorneys), for appellants.

Vincent R. Fontana of counsel (Nina Cangiano on the brief; Wilson, Elser, Moskowitz, Edelman & Dicker, L. L. P., attorneys), for respondent.

SULLIVAN, WILLIAMS and TOM, JJ., concur.


ELLERIN, P. J.

At issue on this appeal is whether an infant's absence from the country due to his parent's military service will excuse his unavailability for an examination pursuant to General Municipal Law § 50-h.

On January 17, 1992, when he was 11 years old, George Jusino, Jr. (George Jr.) allegedly suffered an injury when a window fell on his hand while he was visiting his aunt in an

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