Perez v. New York City Housing Authority

Or*211der, Supreme Court, Bronx County (Michael DeMarco, J.), entered on or about July 24, 2001, which, inter alia, granted the cross motion of defendant New York City Housing Authority to dismiss plaintiffs recommenced action, unanimously affirmed, without costs.

The infant plaintiff, by her legal guardian, argues that this second personal injury brought on her behalf to recover for injuries allegedly sustained in May 1995 was properly commenced, and was not barred by the dismissal of her identical first action, inasmuch as the order dismissing the first action did not state that the dismissal…