Twitty v. City of New York

Judgment, Supreme Court, New York County (Bruce McM. Wright, J.) entered May 30, 1991, which dismissed the complaint on the ground of plaintiff’s failure to attend a General Municipal Law § 50-h hearing, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the complaint is reinstated.

On March 28, 1983, Rosetta Twitty (hereafter plaintiff) called New York City’s Emergency Medical Service (EMS) because her body had filled with fluids as a result of diabetes and kidney disease, and she needed to be taken to a hospital to have the fluids drained. In…