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VARGAS v. CITY OF YONKERS

65 A.D.3d 585 (2009)

883 N.Y.S.2d 720

ANGEL VARGAS et al., Respondents, v. CITY OF YONKERS, Appellant.

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

Decided August 11, 2009.

Ordered that the order is affirmed, with costs.

Generally, a plaintiff who has failed to comply with a demand for a hearing served pursuant to General Municipal Law § 50-h (2) is precluded from commencing an action against a municipality (see General Municipal Law § 50-h [1], [5]; Matter of Pelekanos v City of New York, 264 A.D.2d 446 [1999]). However, dismissal of the complaint is not warranted where the...

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