Biggers v. New York City Housing Authority

—In an action to recover damages for personal injuries, the defendant New York City Housing Authority appeals from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated December 16, 1991, as, upon renewal and reargument, adhered to its original determination denying the defendant’s motion to dismiss and granting the plaintiff’s cross motion to strike the defendant’s fifth affirmative defense of failure to file a notice of claim.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant was served with a claim form within the 90-day period…