Legal Opinion
Vargas v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Decided August 11, 2009PublishedCited by 4 opinions
1Opinion of the Court
*586In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered July 24, 2008, which denied its motion to dismiss the complaint for failure to comply with General Municipal Law § 50-h.
Ordered that the order is affirmed, with costs.
Generally, a plaintiff who has failed to comply with a demand for a hearing served pursuant to General Municipal Law § 50-h (2) is precluded from commencing an action against a municipality (see General Municipal Law § 50-h [1], [5]; Matter of Pelekanos v City of New…
2Cases cited6 opinions
- McCormack v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
- Pelekanos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Page v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2000
- Southern Tier Plastics, Inc. v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 2008
- Donna October v. Town of Green-BurghAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ross v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
- Billman v. City of Port JervisAppellate Division of the Supreme Court of the State of New York · 2010
- Anderson v. Liberty Lines Transit, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Jones v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2026