BENEFIELD v. NEW YORK CITY HOUSING AUTHORITY


260 A.D.2d 167 (1999)

687 N.Y.S.2d 370

KALIK BENEFIELD et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided April 1, 1999.


The infant plaintiff sustained injuries in 1987. The matter was scheduled for trial some 10 years later on July 9, 1997, at which time defendant presented an order to show cause why an order should not be entered granting summary judgment. The Supreme Court declined to sign the order. The following day, defendant attempted to file a motion for summary judgment, but a clerk of the court declined upon consultation with the IAS Court to accept the motion. Thereafter, the IAS...

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