Kowalski v. County of Erie , 604 N.Y.S.2d 870 ( 1993 )


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  • —Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted defen*872dant’s motion to dismiss the complaint (see, CPLR 3211 [a] [5]). Plaintiff’s action had been dismissed for failure to comply with defendant’s demand for an oral examination pursuant to General Municipal Law § 50-h (see, Kowalski v County of Erie, 170 AD2d 950, lv denied 78 NY2d 851). The new action, commenced more than six months after the prior action was terminated, was time-barred (see, CPLR 205 [a]). (Appeal from Order of Supreme Court, Erie County, Forma, J.—Dismiss Complaint.) Present—Green, J. P., Pine, Lawton, Fallon and Davis, JJ.

Document Info

Citation Numbers: 197 A.D.2d 871, 604 N.Y.S.2d 870

Filed Date: 10/1/1993

Precedential Status: Precedential

Modified Date: 1/13/2022