Opinion
06-09-2016
Arthur ANDERSON, Plaintiff–Respondent, v. LIBERTY LINES TRANSIT, INC., Defendant–Appellant, Robert D. Wells, Defendant.
Lifflander & Reich LLP, New York (Kent B. Dolan of counsel), for appellant. Burns & Harris, New York (Stephen D. Wagner III of counsel), for respondent.
Lifflander & Reich LLP, New York (Kent B. Dolan of counsel), for appellant.
Burns & Harris, New York (Stephen D. Wagner III of counsel), for respondent.
Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered on or about January 20, 2016, which, insofar as appealed from as limited by the briefs, denied the motion of defendant Liberty Lines Transit, Inc. (Liberty) to dismiss the complaint, unanimously affirmed, without costs.
Liberty's motion to dismiss the complaint on the ground that plaintiff failed to attend a General Municipal Law § 50–h hearing was properly denied. The record established that Liberty granted plaintiff an adjournment of the hearing, did not set a subsequent date, and never sought to reschedule the hearing (see Belton v. Liberty Lines Tr., 3 A.D.3d 334, 769 N.Y.S.2d 885 [1st Dept.2004] ; Vargas v. City of Yonkers, 65 A.D.3d 585, 883 N.Y.S.2d 720 [2d Dept.2009] ).
We have considered Liberty's remaining arguments and find them unavailing.
MAZZARELLI, J.P., ACOSTA, SAXE, KAPNICK, KAHN, JJ., concur.