Opinion
2329.
November 25, 2003.
Order, Supreme Court, Bronx County (Robert Straus, J.), entered July 23, 2002, which, insofar as appealed from as limited by the briefs, denied defendant New York City Housing Authority's motion to dismiss the complaint for plaintiff's failure to comply with appellant's demands for physical and oral examinations pursuant to General Municipal Law § 50-h, unanimously affirmed, without costs.
Beth N. Jablon, for Plaintiff-Respondent.
Herbert Rubin, for Defendant-Appellant.
Before: Buckley, P.J., Tom, Ellerin, Gonzalez, JJ.
Plaintiff provided a reasonable excuse for her failure to appear at the noticed examinations. Unlike the plaintiff in Best v. City of New York ( 97 A.D.2d 389, affd 61 N.Y.2d 847), plaintiff here did not repeatedly schedule the examinations and then fail to appear. Moreover, appellant acquired early actual knowledge of the facts constituting the claim and was not substantially prejudiced by the delay (see Jusino v. New York City Hous. Auth., 255 A.D.2d 41, 46-47).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.