Robles v New York City Hous. Auth.
2014 NY Slip Op 04119 [23 NY3d 982]
June 10, 2014
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 6, 2014


[*1]
Guillermo Robles, Appellant,
v
New York City Housing Authority, Respondent.

Decided June 10, 2014

Robles v New York City Hous. Auth., 113 AD3d 437, reversed.

{**23 NY3d at 984} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.