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PEREZ v. NEW YORK CITY HOUSING AUTHORITY

294 A.D.2d 170 (2002)

741 N.Y.S.2d 680

EDMANUEL PEREZ, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent. (And a Third-Party Action.)

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

Decided May 14, 2002.

The motion was properly granted in view of plaintiff's unjustified refusal to answer relevant questions at the section 50-h hearing and failure to comply with the conditional order of dismissal (see, Engeleit v Bell Atl., 291 A.D.2d 210). Plaintiff's attorney's claim that he did not appear at the continued section 50-h hearing because someone in defendant's attorney's office had represented that the hearing had not been scheduled...

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