Fitzgerald v. Sanitation District No. 6 of Town of Hempstead

This is an action involving personal injuries arising out of the alleged negligence of the corporate defendant’s employee Scarangella in the operation of its motor vehicle on April 10, 1976. (Insurance Law, § 673, subd [1].)

Plaintiffs have moved for summary judgment, or alternatively to strike the defense, and so much of the answer as allege plaintiffs failed to submit to examination before commencing suit, as required by section 50-h of the General Municipal Law, contending (a) that the demand for examination was untimely and not within 90 days of filing the notice of claim, (b) that when…