Hill v. New York City Transit Authority

Order insofar as appealed from unanimously reversed on the law without costs in accordance with the following Memorandum: Defendants contend that it was error for Supreme Court to require them to conduct an examination of claim. We agree. The record establishes that plaintiff served a timely notice of claim, that defendants served a demand on plaintiff to appear for an examination of claim pursuant to General Municipal Law § 50-h, and that plaintiff served a summons and complaint upon defendants before the examination was held. Because plaintiff commenced her action before complying with…