| The Court of Appeals affirmed the decision of the Appellate Division affirming Supreme Court's order dismissing Plaintiffs' personal injury action against, among other defendants, the City of New York, based on Plaintiffs' failure to submit to pre-action N.Y. Gen. Mun. Law 50-h hearings, holding that a claimant does not have the right to observe a coclaimant's section 50-h oral examination over the municipality's objection. Plaintiffs served Defendants with a joint notice of claim, arguing that they suffered personal injuries and other damages due to Defendants' negligence. Defendants served separate notices of 50-h hearing, advising that Plaintiffs were required by law to be orally examined concerning their allegations before commencing an action. Plaintiffs appeared for their section 50-h hearings, but their attorney refused to let the hearings proceed unless each plaintiff could be present while the other testified. Defendants rejected Plaintiffs' requested procedure, and no section 50-h hearings occurred. Supreme Court granted Defendants' motion for summary judgment based on Plaintiffs' failure to submit to the section 50-h hearings. Supreme Court granted the motion, and the Appellate Division affirmed. The Court of Appeals affirmed, holding that section 50-h does not provide a claimant the right to observe a coclaimant's section 50-h oral examination over the municipality's objection. |
