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KOWALSKI v. COUNTY OF ERIE

197 A.D.2d 871 (1993)

604 N.Y.S.2d 870

Joseph Kowalski, Appellant, v. County of Erie, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted defendant's motion to dismiss the complaint (see, CPLR 3211 [a] [5]). Plaintiff's action had been dismissed for failure to comply with defendant's demand for an oral examination pursuant to General Municipal Law § 50-h (see, Kowalski v County of Erie, 170 A.D.2d 950,

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