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La Vigna v. County of Westchester

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1990
160 A.D.2d 564 (N.Y. App. Div. 1990)

Opinion

April 24, 1990

Appeal from the Supreme Court, Westchester County (Aldo Nastasi, J.).


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 complaint 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; see, Restivo v. Village of Lynbrook, 84 A.D.2d 831; Lowinger v. City of New York, 64 A.D.2d 888. )

Concur — Murphy, P.J., Carro, Rosenberger, Kassal and Smith, JJ.


Summaries of

La Vigna v. County of Westchester

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1990
160 A.D.2d 564 (N.Y. App. Div. 1990)
Case details for

La Vigna v. County of Westchester

Case Details

Full title:JOHN LA VIGNA, Appellant, v. COUNTY OF WESTCHESTER et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 24, 1990

Citations

160 A.D.2d 564 (N.Y. App. Div. 1990)

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