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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
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05293
Area of lawMunicipal Law and Government Liability · Personal Injury and Negligence
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05293
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id506

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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Published September 16, 2026. Updated September 16, 2026.