Legal Opinion
Bernoudy v. County of Westchester
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 2007PublishedCited by 12 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, West-*897Chester County (Bellantoni, J.), dated June 29, 2006, which granted the defendants’ motion to dismiss the complaint based on his failure to comply with General Municipal Law § 50-h.
Ordered that the order is affirmed, with costs.
A party who has failed to comply with a demand for examination pursuant to General Municipal Law § 50-h is precluded from commencing an action against a municipality (see Patterson v Ford, 255 AD2d 373 [1998]; Heins v Board of Trustees of Inc. Vil. of…
2Cases cited5 opinions
- Arcila v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1996
- Heins v. Board of Trustees of the Incorporated Village of GreenportAppellate Division of the Supreme Court of the State of New York · 1997
- Zapata v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2005
- Scalzo v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2003
- Patterson v. FordAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by12 opinions
- G.D.S. v. Northport-East Northport Union Free School DistrictDistrict Court, E.D. New York · 2012
- Kemp v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
- Ross v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Boone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Misek-Falkoff v. Metropolitan Transit Authority (MTA)Appellate Division of the Supreme Court of the State of New York · 2007
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