Ross v. County of Suffolk
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated November 29, 2010, which denied their motion pursuant to CPLR 3211 to dismiss the complaint upon the plaintiffs failure to appear for an examination pursuant to General Municipal Law § 50-h.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion pursuant to CPLR 3211 to dismiss the complaint is granted.
Compliance with a demand for a General Municipal Law § 50-h examination is a condition precedent to the commence*776men…
2Cases cited9 opinions
- Arcila v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1996
- Zapata v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2005
- Bernoudy v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2007
- Kemp v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009
- Scalzo v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Boone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Hymowitz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Palmieri v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 2016
- Di Pompo v. City of Beacon Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2017
- A. R. v. UrrutiaAppellate Division of the Supreme Court of the State of New York · 2023
6 more not listed; retrieve them via the Exa API.