Practice point: A § 50-h examination is a condition precedent to bringing an action against a municipality, and noncompliance is ground for dismissal.
Practitioners should note that failure to submit to the examination may be excused in exceptional circumstances, such as extreme physical or psychological incapacity.
Case: Steenbuck v. Sklarow, NY Slip 04890 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Service of process.
There is another instructive case here.
