Ruiz v. New York City Housing Authority

Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about October 4, 1994, which denied defendant’s motion to dismiss plaintiffs complaint for failure to appear for physical examination as required by General Municipal Law § 50-h and to timely file a summons and complaint and proof of service in accordance with CPLR 306-a and 306-b, unanimously affirmed, without costs.

The motion was properly denied insofar as based on plaintiffs failure to appear for a physical examination, where the date for such examination had been postponed indefinitely and defendant never attempted…