Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05293
Jones v New York City Hous. Auth.
Read the official decision: 2026 NY Slip Op 05293
Holding The court reversed the dismissal of the complaint because the defendant failed to reschedule the oral examination after the plaintiff’s counsel postponed it indefinitely. Under General Municipal Law § 50-h, the municipality has an obligation to reschedule the examination for the earliest possible date if it is postponed beyond the ninety-day period.
The court’s words
the defendant failed to set another date for the examination or serve the plaintiff with a subsequent demand
2026 NY Slip Op 05293, at the official text
the plaintiff's failure to appear for an examination prior to commencing this action did not warrant dismissal of the complaint
2026 NY Slip Op 05293, at the official text
the [municipality] shall reschedule the [examination] for the earliest possible date available
2026 NY Slip Op 05293, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05293 |
| Area of law | Municipal Law and Government Liability · Personal Injury and Negligence |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05293 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 506 |
Recommended citation
ESQ HQ, New York Law Watch, Jones v New York City Hous. Auth., 2026 NY Slip Op 05293 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05293/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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