Schrader v. Town of Orangetown
Opinion of the Court
In an action to recover damages for unlawful arrest, detention, and violation of civil rights, the defendants appeal from an order of the Supreme Court, Rockland County (Miller, J.), dated May 15, 1995, which denied their motion to dismiss the complaint for the plaintiff’s failure to comply with General Municipal Law § 50-h prior to commencing the action.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion to dismiss the complaint is granted without prejudice to serving a new complaint upon complying with General Municipal Law § 50-h.
The plaintiff concedes that, pursuant to General Municipal Law § 50-h, a hearing was noticed, that it was adjourned twice, at his request, and that he served a summons and complaint upon the defendants before the hearing was held. The law is well established that a potential plaintiff who has not complied with General Municipal Law § 50-h (1) is precluded from com
Case-law data current through December 31, 2025. Source: CourtListener bulk data.