La Vigna v. County of Westchester
This text of 160 A.D.2d 564 (La Vigna v. County of Westchester) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Order, Supreme Court, Westchester County (Aldo Nastasi, J.), entered April 21, 1989, which, inter alia, dismissed plaintiff’s complaint against defendant Village of Harrison, on the ground that it was served in violation of General Municipal Law § 50-h (5), is unanimously affirmed, without costs.
Plaintiff concedes that, pursuant to General Municipal Law § 50-h (1), a hearing was noticed, that it was repeatedly adjourned, at his request, and that he served a summons and [565]*565complaint against the Village of Harrison before the hearing was held. The law is well established that, until a potential plaintiff has complied with General Municipal Law § 50-h (1), he is precluded from commencing an action against a municipality. (General Municipal Law § 50-h [5]; see, Restivo v Village of Lynbrook, 84 AD2d 831; Lowinger v City of New York, 64 AD2d 888.) Concur—Murphy, P. J., Carro, Rosenberger, Kassal and Smith, JJ.
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Cite This Page — Counsel Stack
160 A.D.2d 564, 554 N.Y.S.2d 1014, 1990 N.Y. App. Div. LEXIS 4630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-vigna-v-county-of-westchester-nyappdiv-1990.