Legal Opinion

Donna October v. Town of Green-Burgh

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

Decided October 14, 2008PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant Town of Greenburgh appeals from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered October 29, 2007, as denied its motion to dismiss the complaint and all cross claims insofar as asserted against it for failure to comply with General Municipal Law § 50-h.

Ordered that the order is affirmed insofar as appealed from, 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…

2Cases cited6 opinions

  1. McCormack v. Port Washington Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
  2. Pelekanos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  3. Scalzo v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Page v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2000
  5. Southern Tier Plastics, Inc. v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by6 opinions

  1. Ross v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2011
  2. Artup v. SimeoneAppellate Division of the Supreme Court of the State of New York · 2020
  3. Vargas v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2009
  4. Billman v. City of Port JervisAppellate Division of the Supreme Court of the State of New York · 2010
  5. Doe v. Onondaga CountyAppellate Division of the Supreme Court of the State of New York · 2017

1 more not listed; retrieve them via the Exa API.

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