Legal Opinion

Scalzo v. County of Suffolk

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2003PublishedCited by 9 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated July 22, 2002, which granted the motion of the defendants County of Suffolk and Sheriff of the County of Suffolk to dismiss the complaint insofar as asserted against them 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 served pursuant to General Municipal Law § 50-h (2) is precluded from commencing an action against a…

2Cases cited4 opinions

  1. Arcila v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1996
  2. Heins v. Board of Trustees of the Incorporated Village of GreenportAppellate Division of the Supreme Court of the State of New York · 1997
  3. Bailey v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Johnson v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by9 opinions

  1. Zapata v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2005
  2. Bernoudy v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2007
  3. Kemp v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
  4. Ross v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
  5. Boone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012

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