Kelly v. New York City Hous. Auth., 248 A.D.2d 594 (N.Y. App. Div. 2d Dep't 1998). · Go Syfert
Kelly v. New York City Hous. Auth., 248 A.D.2d 594 (N.Y. App. Div. 2d Dep't 1998). Cases Citing This Book View Copy Cite
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Cited for
At page 595 fendant New York City Housing Authority which was to direct the plaintiffs to appear for a statutory hearing and physical examination pursuant to Public…2 citing casesopening of page *595 (no citing court says what it cites this page for)
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Joshua Kelly, an Infant, by His Mother and Natural Guardian, Tyra Kelly
v.
New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York.
Mar 23, 1998.
Published opinion
248 A.D.2d 594
1998 N.Y. App. Div. LEXIS 2911
Altman, Joy, Luciano, Rosenblatt, Sullivan.
Cited by 2 opinions  |  Published

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), dated May 6, 1997, as granted that branch of the motion of the defendant New York City Housing Authority which was to direct them to appear for a statutory hearing and physical examination pursuant to Public Housing Law § 157 (2) and General Municipal Law § 50-h.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the de[*595] fendant 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 [2]). 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 AD2d 481, 485, affd 69 NY2d 787).

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.