Legal Opinion
Ambroziak v. County of Erie
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: In the circumstances of this case, Supreme Court erred in concluding that a hearing pursuant to section 50-h of the General Municipal Law was a condition precedent to commencement of plaintiffs action. It is well established that a potential plaintiff is precluded from commencing an action against a municipality until there has been compliance with section 50-h (1) of the General Municipal Law (see, Kowalski v County of Erie, 170 AD2d 950, lv denied 78 NY2d 851; La Vigna v County of…
2Cases cited2 opinions
- La Vigna v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1990
- Kowalski v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- McCormack v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
- Artup v. SimeoneAppellate Division of the Supreme Court of the State of New York · 2020
- Donohue v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1996
- DeGregorio v. Niagara Falls City School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
- Colon v. MartinAppellate Division of the Supreme Court of the State of New York · 2019
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