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WATSON v. NEW YORK CITY HOUSING AUTHORITY

294 A.D.2d 236 (2002)

741 N.Y.S.2d 864

TEASHA WATSON, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided May 23, 2002.

Because no note of issue has been filed in this action, CPLR 3404 is not applicable, and the action cannot be deemed dismissed pursuant to that statute (see, Johnson v Minskoff & Sons, 287 A.D.2d 233). Neither does plaintiff's failure to submit to a physical examination as required by General Municipal Law § 50-h afford a basis for dismissal, since defendant took no steps to set a particular date on which to conduct such...

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