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DS v. NEW YORK CITY HOUSING AUTHORITY

Index No. 152068/18, Appeal No. 1573, Case No. 2022-04767.

2024 NY Slip Op 00452

DS, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, MARIE H. AND MARIE H., INDIVIDUALLY, Plaintiff-Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Defendant-Appellant. [And a Third-Party Action]

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

Decided February 1, 2024.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York ( Miriam Skolnik of counsel), for appellant.

Martin L. Ginsberg , PC, Woodbury ( Christopher G. Conway of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kern, Scarpulla, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about September 26, 2022, which denied New York City Housing Authority's (NYCHA) motion for leave to file a late motion for summary judgment, and, upon leave, to award summary judgment dismissing the complaint as against it, or, in the alternative, for an order directing plaintiffs to abide by a settlement agreement, unanimously modified, on the law, to the extent of granting NYCHA's motion for leave...

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