Hur v. City of Poughkeepsie

In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Dutchess County, dated March 12, 1979, which (1) denied their motion to dismiss the complaint for plaintiffs’ failure to comply with section 50-h of the General Municipal Law, (2) in effect granted plaintiff’s cross motion for a protective order deferring the examination pursuant to section 50-h and (3)' permitted the continued maintenance of the action. Order modified by deleting therefrom the provision which, in effect, deferred the examination and substituting…