In Alouette Fashions v. Consolidated Edison Co. (119 AD2d 481, affd 69 NY2d 787), the Court found the language of General Municipal Law 50-h (1), which provided that such "examination shall be upon oral questions unless the parties otherwise stipulate and may include a physical examination of the claimant" is an effective limitation on disclosure (Alouette Fashions v. Consolidated Edison Co., 119 AD2d 481, 486). The Court further noted section 50-h has been strictly construed to not incorporate the discovery provisions of the Civil Practice Law and Rules and concluded that until an action is commenced, such tools are not available (id.).