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GUZMAN v. NEW YORK CITY HOUSING AUTHORITY

1 A.D.3d 276 (2003)

767 N.Y.S.2d 583

YENATRID GUZMAN, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant, et al., Defendant.

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

November 25, 2003.

Plaintiff provided a reasonable excuse for her failure to appear at the noticed examinations. Unlike the plaintiff in Best v City of New York (97 A.D.2d 389 [1983], affd 61 N.Y.2d 847 [1984]), plaintiff here did not repeatedly schedule the examinations and then fail to appear. Moreover, appellant acquired early actual knowledge of the facts constituting the claim and was not substantially...

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