BELTON v. LIBERTY LINES TRANSIT, INC.


3 A.D.3d 334 (2004)

769 N.Y.S.2d 885

CHANDRA BELTON et al., Appellants, v. LIBERTY LINES TRANSIT, INC., et al., Respondents.

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

January 8, 2004.


Although the general rule is that an action may not be commenced against a New York municipality unless the plaintiff has complied with the municipality's timely demand for a General Municipal Law § 50-h hearing, we have held that where such hearing has been indefinitely postponed and defendant never served a subsequent demand, a motion to dismiss based upon a plaintiff's failure to appear for the hearing may be denied (Ruiz v New York City Hous. Auth.,

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