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SMITH v. NEW YORK CITY HOUS. AUTH.

689, 401019/12.

137 A.D.3d 714 (2016)

27 N.Y.S.3d 384

2016 NY Slip Op 02539

AUDREY SMITH, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 31, 2016.

Pro se plaintiff seeks summary judgment on her claims that were previously dismissed by Supreme Court in December 2013 (the dismissal order). Having failed to appeal from the dismissal order, plaintiff cannot now attack it (see Dick v City of New York, 11 A.D.3d 239 [1st Dept 2004]). Furthermore, although plaintiff's claim arising under 12 USC 1701u (c) (1) was dismissed on a conditional basis only, since she failed to comply with...

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