ANDERSON v. LIBERTY LINES TR., INC.

1427, 310456/10.

140 A.D.3d 479 (2016)

31 N.Y.S.3d 882

2016 NY Slip Op 04457

ARTHUR ANDERSON, Respondent, v. LIBERTY LINES TRANSIT, INC., Appellant, et al., Defendant.

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

Decided June 9, 2016.


Liberty's motion to dismiss the complaint on the ground that plaintiff failed to attend a General Municipal Law § 50-h hearing was properly denied. The record established that Liberty granted plaintiff an adjournment of the hearing, did not set a subsequent date, and never sought to reschedule the hearing (see Belton v Liberty Lines Tr., 3 A.D.3d 334 [1st Dept 2004]; Vargas v City of Yonkers, 65 A.D.3d...

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