| Harris v New York City Hous. Auth. |
| 2013 NY Slip Op 51924(U) [41 Misc 3d 138(A)] |
| Decided on November 20, 2013 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the
City of New York, New York County (Gerald Lebovits, J.), entered on or about
December 13, 2012, which dismissed the action at the close of plaintiff's evidence.
Per Curiam.
Order (Gerald Lebovits, J.), entered on or about December 13, 2012, affirmed, without costs.
We sustain the dismissal of the action, since plaintiff's grave allegations of
misconduct, including that an employee of the defendant Housing Authority "put poison
in [her] eardrops," are inherently incredible and wholly unsupported (see generally
Tushaj v City of New York, 258
AD2d 283 [1999], lv denied 93 NY2d 818 [1999]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.