DeLeon v. New York City Housing Authority

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), *931entered November 28, 2007, which granted defendant’s motion for summary judgment dismissing the complaint and denied as moot plaintiffs cross motion for summary judgment on the issue of liability or, in the alternative, to strike defendant’s answer for failure to comply with discovery orders, unanimously affirmed, without costs.

The two-tenths-inch height differential between the surface of the bathroom floor covered by tiles and the surface of the floor where tiles were missing, which plaintiff cited in her notice of claim, bill of…