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BEDNOSKI v. COUNTY OF SUFFOLK

2009-02443.

67 A.D.3d 616 (2009)

886 N.Y.S.2d 912

2009 NY Slip Op 07966

CORRINE BEDNOSKI et al., Respondents, v. COUNTY OF SUFFOLK, Appellant.

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

Decided November 4, 2009.

Ordered that the order is affirmed, with costs.

The defendant's motion to dismiss the complaint was based on the plaintiffs' failure to comply with a demand for an examination upon oral questions purportedly served upon the plaintiffs' attorney (see General Municipal Law § 50-h [1]; Matter of Pelekanos v City of New York, 264 A.D.2d 446 [1999]). In support of the motion, the defendant submitted an affidavit of...

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