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ROSS v. COUNTY OF SUFFOLK

2011-00488.

84 A.D.3d 775 (2011)

922 N.Y.S.2d 784

RICHARD ROSS, Respondent, v. COUNTY OF SUFFOLK et al., Appellants.

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

Decided May 3, 2011.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 to dismiss the complaint is granted.

Compliance with a demand for a General Municipal Law § 50-h examination is a condition precedent to the commencement of an action against a municipal defendant, and the failure to so comply warrants dismissal of the action (see General Municipal Law § 50-h [5]...

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