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GRANT v. COUNTY OF NASSAU

28 A.D.3d 714 (2006)

814 N.Y.S.2d 219

PEGGY GRANT, Appellant, v. COUNTY OF NASSAU et al., Respondents.

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

April 25, 2006.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is reinstated.

The court was without the authority to dismiss this action based solely on the plaintiff's failure to comply with CPLR 3012-a and 3406 (a) (see Tewari v. Tsoutsouras, 75 N.Y.2d 1, 10 [1989]; Rice v. Vandenebossche, 185 A.D.2d 336 [1992]; Jones...

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