Opinion
March 23, 1998
Appeal from the Supreme Court, Kings County (I. Aronin, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant New York City Housing Authority which was to direct the plaintiffs to appear for a statutory hearing and physical examination pursuant to Public Housing Law § 157 (2) and General Municipal Law § 50-h is denied.
The Supreme Court erred in directing the plaintiffs to appear for a statutory hearing and physical examination pursuant to Public Housing Law § 157 (2) and General Municipal Law § 50-h inasmuch as there is no proof that the defendant New York City Housing Authority (hereinafter NYCHA) served a demand for such examination within 90 days of the plaintiffs' filing of a notice of claim ( see, General Municipal Law § 50-h). We note that this does not preclude NYCHA from examining the plaintiffs during the normal course of discovery as the right to conduct an examination pursuant to General Municipal Law § 50-h is "separate and distinct from any rights to discovery under the CPLR" ( Alouette Fashions v. Consolidated Edison Co., 119 A.D.2d 481, 485, affd 69 N.Y.2d 787).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.