New York Court of Appeals, 2014

Robles v. New York City Housing Authority

Robles v. New York City Housing Authority
New York Court of Appeals · Decided June 10, 2014 · Abdus, Graffeo, Lippman, Pigott, Read, Rivera, Salaam, Smith
23 N.Y.3d 982; 13 N.E.3d 660

Robles v. New York City Housing Authority

Opinion of the Court

*984OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 plaintiffs notice of claim (see generally General Municipal Law § 50-e [6]), and triable issues of fact remain.

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

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