Robles v New York City Hous. Auth.

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Robles v New York City Hous. Auth. 2014 NY Slip Op 04119 Decided on June 10, 2014 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 10, 2014
No. 175 SSM 11

[*1]Guillermo Robles, Appellant,

v

New York City Housing Authority, Respondent.



Submitted by Susan R. Nudelman, for appellant.

Submitted by Joseph C. Fegan, for respondent.



On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and defendant's motion for summary judgment dismissing the complaint denied. The Appellate Division improperly concluded that defendant was entitled to summary judgment, as defendant failed to show that it was prejudiced by any defect in plaintiff's notice of claim (see generally General Municipal Law § 50-e [6]), and triable issues of fact remain.

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

Decided June 10, 2014



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