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MISEK-FALKOFF v. METROPOLITAN TRANSIT AUTHORITY (MTA)

44 A.D.3d 629 (2007)

843 N.Y.S.2d 155

LINDA D. MISEK-FALKOFF et al., Appellants, v. METROPOLITAN TRANSIT AUTHORITY (MTA) et al., Defendants, and TOWN OF BEDFORD et al., Respondents.

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

Decided October 2, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the motion of the defendant County of Westchester which was to dismiss the complaint insofar as asserted against it for failure to comply with General Municipal Law §§ 50-e, 50-h, and 50-i. A party who has failed to comply with General Municipal Law § 50-h is generally precluded from commencing an action against a municipality ...

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