Wilson v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*573In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Glover, J.), dated January 26, 2004, which denied its motion to dismiss the complaint.
Ordered that the order is affirmed, with costs.
On a prior appeal in this case (see Wilson v New York City Hous. Auth., 303 AD2d 403 [2003]), this Court dismissed the plaintiffs’ original complaint based on their failure to comply with a condition precedent to the commencement of an action against the defendant (see General Municipal Law § 50-h). Such an order would not ordinarily…
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