Practice point: Generally, a plaintiff who has failed to comply with a demand for a hearing pursuant to General Municipal Law 50-h(2) is precluded from commencing an action against a municipality.
Practitioners should note that the complaint should not be dismissed where the hearing has been postponed indefinitely beyond the statutory 90-day period, and the municipality has not rescheduled the hearing.
Case: Vargas v. City of Yonkers, NY Slip Op 06176 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Labor Law.
