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PALMIERI v. TOWN OF BABYLON

2013-09563, Index No. 37542/09.

139 A.D.3d 927 (2016)

30 N.Y.S.3d 567

2016 NY Slip Op 03865

PAUL PALMIERI, Appellant, v. TOWN OF BABYLON et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 18, 2016.

Ordered that the judgment is affirmed, with costs.

"A party who has failed to comply with a demand for examination pursuant to General Municipal Law § 50-h is precluded from commencing an action against a municipality" (Bernoudy v County of Westchester, 40 A.D.3d 896, 897 [2007]; see Kemp v County of Suffolk, 61 A.D.3d 937, 938 [2009]). Contrary to the plaintiff's contentions...

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