SAUNDERS v. NEW YORK CITY TR. AUTH

Inasmuch as New York City Transit Authority (NYCTA) has failed to produce any proof that it served plaintiff with a notice for a hearing pursuant to General Municipal Law § 50-h, the IAS court erred in directing plaintiff to appear for such a hearing ( see Kelly v. New York City Hous. Auth., 248 A.D.2d 594, 595). Even if such notice were properly served upon plaintiff, by failing to raise plaintiff's failure to appear at the hearing as an affirmative defense, NYCTA waived its right to defend the action on that ground ( see Hoffman v. New York Hous. Auth., 187 A.D.2d 334, 338).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.