N.Y. GMU Law § 50-H — New York Code / Act GMU / Article 4 / Section 50-H
Examination of claims
Status: in_force

§ 50-h. Examination of claims. 1. Wherever a notice of claim is filed\nagainst a city, county, town, village, fire district, ambulance district\nor school district the city, county, town, village, fire district,\nambulance district or school district shall have the right to demand an\nexamination of the claimant relative to the occurrence and extent of the\ninjuries or damages for which claim is made, which examination shall be\nupon oral questions unless the parties otherwise stipulate and may\ninclude a physical examination of the claimant by a duly qualified\nphysician. If the party to be examined desires, he or she is entitled to\nhave such examination in the presence of his or her own personal\nphysician and such relative or other person as he or she may elect.\nExercise of the right to demand a physical examination of the claimant\nas provided in this section shall in no way affect the right of a city,\ncounty, town, village, fire district, ambulance district or school\ndistrict in a subsequent action brought upon the claim to demand a\nphysical examination of the plaintiff pursuant to statute or court rule.\n  2. The demand for examination as provided in subdivision one of this\nsection shall be made by the chief executive officer or, where there is\nno such officer, by the chairman of the governing body of the city,\ncounty, town, village, fire district or school district or by such\nofficer, agent or employee as may be designated by him for that purpose.\nThe demand shall be in writing and shall be served personally or by\nregistered or certified mail upon the claimant unless the claimant is\nrepresented by an attorney, when it shall be served personally or by\nmail upon his attorney. The demand shall give reasonable notice of the\nexamination. It shall state the person before whom the examination is to\nbe held, the time, place and subject matter thereof and, if a physical\nexamination is to be required, it shall so state. If the place of\nexamination is located outside the municipality against which the claim\nis made, the claimant may demand, within ten days of such service, that\nthe examination be held at a location within such municipality. Such\nlocation shall be determined by the municipality. If a physical\nexamination is to be required and there is no appropriate place for such\nan examination within the municipality, such examination shall be given\nat a location as close to such municipality as practicable. No demand\nfor examination shall be effective against the claimant for any purpose\nunless it shall be served as provided in this subdivision within ninety\ndays from the date of filing of the notice of claim, or if service of\nthe notice of claim is made by service upon the secretary of state\npursuant to section fifty-three of this article, within one hundred days\nfrom the date of such service.\n  3. In any examination required pursuant to the provisions of this\nsection the claimant shall have the right to be represented by counsel.\nThe examination shall be conducted upon oath or affirmation. The officer\nor person before whom the examination is had shall take down or cause to\nbe taken down every question and answer unless the parties consent that\nonly the substance of the testimony be inserted. The testimony so taken,\ntogether with the report of the examining physician where a physical\nexamination is required, shall constitute the record of the examination.\nThe transcript of the record of an examination shall not be subject to\nor available for public inspection, except upon court order upon good\ncause shown, but shall be furnished to the claimant or his attorney upon\nrequest.\n  4. A transcript of the testimony taken at an examination pursuant to\nthe provisions of this section may be read in evidence by either party,\nin an action founded upon the claim in connection with which it was\ntaken, at the trial thereof or upon assessment of damages or upon\nmotion. In an action by an executor or administrator to recover damages\nfor a wrongful act, neglect or default by which a decedent's death was\ncaused, the testimony of such decedent taken pursuant to the provisions\nof this section in respect of such wrongful act, neglect or default may\nbe read in evidence.\n  5. Where a demand for examination has been served as provided in\nsubdivision two of this section no action shall be commenced against the\ncity, county, town, village, fire district or school district against\nwhich the claim is made unless the claimant has duly complied with such\ndemand for examination, which compliance shall be in addition to the\nrequirements of section fifty-e of this chapter. If such examination is\nnot conducted within ninety days of service of the demand, the claimant\nmay commence the action. The action, however, may not be commenced until\ncompliance with the demand for examination if the claimant fails to\nappear at the hearing or requests an adjournment or postponement beyond\nthe ninety day period. If the claimant requests an adjournment or\npostponement beyond the ninety day period, the city, county, town,\nvillage, fire district or school district shall reschedule the hearing\nfor the earliest possible date available.\n