Legal Opinion

Asaro v. Gilpin

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

Decided December 24, 2001PublishedCited by 3 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 (Seidell, J.), dated March 14, 2001, which granted the defendants’ motion to dismiss the complaint for the plaintiffs failure to comply with General Municipal Law § 50-h prior to commencing the action.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants’ motion to dismiss the complaint because the plaintiff failed to comply with the defendants’ demand for an examination pursuant to General Municipal Law § 50-h (5) before…

2Cases cited5 opinions

  1. Lehman Bros. v. Hughes Hubbard & Reed, L. L. P.New York Court of Appeals · 1998
  2. Joseph Francese, Inc. v. Enlarged City School DistrictNew York Court of Appeals · 2000
  3. Bailey v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Restivo v. Village of LynbrookAppellate Division of the Supreme Court of the State of New York · 1981
  5. Andujar v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Steenbuck v. SklarowAppellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Brian VV. v. Chenango Forks Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2002
  3. Wilson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2003

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