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 NYCHA’s motion to dismiss for plaintiff’s failure appear for a GML §50-h hearing before commencing suit granted on proof plaintiff canceled 1-scheduled hearing hours and a second scheduled hearing 3-days before their scheduled times, counsel’s claim the second hearing was cancelled because of a hospital treatment was untrue, and plaintiff offered no medical proof for the cancellations. Plaintiff initially agreed then cancelled a third proffered 50-h after the action was started. Richardson v New York City Hous. Auth. ✉ |
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| Pub granted summary judgment dismissing patron’s claim for fall from 6” drop between revolving door and step as she exited the pub as it owed no duty where the lease only required it to maintain the portion of the revolving door within the building, not the step that caused plaintiff to fall. Pub did not voluntarily assume a duty by placement of “watch your step” stickers on the revolving door which were in place before defendant occupied the pub and, in any event, plaintiff could not claim she relied on defendant’s ‘gratuitous conduct’ where she admitted she did not see the stickers before her fall. Kramer v Bailey Rest. Group. Inc. ✉ |
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