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In the Matter of TANIKA JOHNSON, petitioner-respondent, v. CITY OF YONKERS, appellant, et al., respondents.

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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MATTER OF JOHNSON v. CITY OF YONKERS
(Jun 21, 1999)