Kane v. New York City Housing Authority

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Gar-son, J.), dated November 10, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law. The plaintiff’s failure to appear for a physical examination as required by General Municipal Law § 50-h was due to the failure of the…