Lo Guercio v. New York City Tr. Auth. (31 AD2d 759 [2d Dept 1969]) involved a plaintiff who failed to comply with the Transit Authority's demand for an oral examination. The Second Department granted the defendant's motion to dismiss the complaint, holding that "Plaintiff's compliance with defendant's demand for an oral examination pursuant to subdivision 5 of section 1212 of the Public Authorities Law was a statutory condition precedent to the commencement of this action." (Id. at 760.) The court reasoned that subdivision (5) of Public Authorities Law 1212 must be read in conjunction with subdivision (4), which provides that "no action shall be maintained against the authority ... unless it shall appear by and as an allegation in the complaint ... that the authority has neglected or refused to make an adjustment or payment of the claim for thirty days after the service of the notice of claim." (Id.) Thus, the court concluded, "the requirement that no suit be commenced unless and until the Authority has determined not to settle the claim 'would soon become a dead letter if every claimant could with impunity refuse to be examined' and yet treat the Authority's consequent failure to pay as satisfying the statutorily imposed condition precedent." (Id. at 760.)