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GRAVIUS v. COUNTY OF ERIE

CA 10-02389.

85 A.D.3d 1545 (2011)

925 N.Y.S.2d 732

2011 NY Slip Op 4831

DEBORAH I. GRAVIUS, Appellant, v. COUNTY OF ERIE, Respondent.

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

Decided June 10, 2011.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Supreme Court properly granted defendant's motion to dismiss the complaint based on the failure of plaintiff to comply with defendant's demand for an oral examination pursuant to General Municipal Law § 50-h. "It is well settled that a plaintiff who has not complied with General Municipal Law § 50-h (1) is precluded from maintaining an action against a municipality...

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