Summary
In Robles v New York City Hous. Auth., 23 N.Y.3d 982 (2014), the Court of Appeals reversed the First Department decision that upheld the dismissal of plaintiff's complaint and that granted defendant's motion for summary judgment.
Summary of this case from Burtz v. The City of New YorkOpinion
2014-06-10
Guillermo ROBLES, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.
Bragoli & Associates, P.C., Melville (Susan R. Nudelman of counsel), for appellant. Cullen and Dykman LLP, New York City (Joseph C. Fegan of counsel), for respondent.
Bragoli & Associates, P.C., Melville (Susan R. Nudelman of counsel), for appellant. Cullen and Dykman LLP, New York City (Joseph C. Fegan of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and defendant's motion for summary judgment dismissing the complaint denied. The Appellate Division improperly concluded that defendant was entitled to summary judgment, as defendant failed to show that it was prejudiced by any defect in plaintiff's notice of claim ( see generally General Municipal Law § 50–e [6] ), and triable issues of fact remain. Chief Judge LIPPMAN and JUDGES GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.