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HUR v. CITY OF POUGHKEEPSIE

98 Misc.2d 691 (1979)

Sue K. Hur et al., Plaintiffs, v. City of Poughkeepsie et al., Defendants.

Supreme Court, Dutchess County.

March 12, 1979

Attorney(s) appearing for the Case

J. George Spitz and Robert J. Lackaye for defendants. Miller, Moran & Spiegel (Richard Michael Moran of counsel), for plaintiffs.

JOSEPH D. QUINN, JR., J.

In this action in negligence to recover damages for personal injuries, defendants, invoking the provisions of subdivision 5 of section 50-h of the General Municipal Law, have moved to dismiss the complaint on the ground that the claimant and plaintiff, Sue Kate Hur, has failed to comply with a demand for examination by deposition under the statute relied on. Plaintiffs have cross-moved for protective relief, pursuant to

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