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MATTER OF JOHNSON v. CITY OF YONKERS
Appellate Division of the Supreme Court of New York, Second Department.
Jun 21, 1999
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DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
A potential plaintiff who has not complied with General Municipal Law § 50-h is precluded from commencing an action against a municipality ( see, Arcila v. Incorporated Vil. of Freeport, 231 A.D.2d 660). Upon our review of the record, we agree with the Supreme Court that the petitioner sufficiently complied with the requirements of General Municipal Law § 50-h at the hearing conducted pursuant thereto, and thus, she should be allowed to serve a summons and complaint against the appellant.
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