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KANE v. NEW YORK CITY HOUSING AUTHORITY

276 A.D.2d 671 (2000)

714 N.Y.S.2d 752

DAVID KANE, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al., Respondents.

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

Decided October 23, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. The plaintiff's failure to appear for a physical examination as required by General Municipal Law § 50-h was due to the failure of the defendant New York City Housing Authority to provide him with a scheduled date for the physical examination (see...

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