NY Gen Mun L § 50-H (2021)
2021 New York Laws GMU - General Municipal Article 4 - Negligence and Malfeasance of Public Officers; Taxpayers' Remedies 50-H - Examination of Claims.

§  50-h. Examination of claims. 1. Wherever a notice of claim is filed   against a city, county, town, village, fire district, ambulance district   or school district the  city,  county,  town,  village,  fire  district,   ambulance  district or school district shall have the right to demand an   examination of the claimant relative to the occurrence and extent of the   injuries or damages for which claim is made, which examination shall  be   upon  oral  questions  unless  the  parties  otherwise stipulate and may   include a physical examination of  the  claimant  by  a  duly  qualified   physician. If the party to be examined desires, he or she is entitled to   have  such  examination  in  the  presence  of  his  or her own personal   physician and such relative or other person as  he  or  she  may  elect.   Exercise  of  the right to demand a physical examination of the claimant   as provided in this section shall in no way affect the right of a  city,   county,  town,  village,  fire  district,  ambulance  district or school   district in a subsequent action brought  upon  the  claim  to  demand  a   physical examination of the plaintiff pursuant to statute or court rule.2.  The  demand for examination as provided in subdivision one of this   section shall be made by the chief executive officer or, where there  is   no  such  officer,  by  the  chairman of the governing body of the city,   county, town, village, fire district  or  school  district  or  by  such   officer, agent or employee as may be designated by him for that purpose.   The  demand  shall  be  in  writing and shall be served personally or by   registered or certified mail upon the claimant unless  the  claimant  is   represented  by  an  attorney,  when it shall be served personally or by   mail upon his attorney. The demand shall give reasonable notice  of  the   examination. It shall state the person before whom the examination is to   be  held,  the time, place and subject matter thereof and, if a physical   examination is to be required, it  shall  so  state.  If  the  place  of   examination  is located outside the municipality against which the claim   is made, the claimant may demand, within ten days of such service,  that   the  examination  be  held  at a location within such municipality. Such   location  shall  be  determined  by  the  municipality.  If  a  physical   examination is to be required and there is no appropriate place for such   an  examination within the municipality, such examination shall be given   at a location as close to such municipality as  practicable.  No  demand   for  examination shall be effective against the claimant for any purpose   unless it shall be served as provided in this subdivision within  ninety   days  from  the  date of filing of the notice of claim, or if service of   the notice of claim is made by  service  upon  the  secretary  of  state   pursuant to section fifty-three of this article, within one hundred days   from the date of such service.3.  In  any  examination  required  pursuant to the provisions of this   section the claimant shall have the right to be represented by  counsel.   The examination shall be conducted upon oath or affirmation. The officer   or person before whom the examination is had shall take down or cause to   be  taken down every question and answer unless the parties consent that   only the substance of the testimony be inserted. The testimony so taken,   together with the report of the examining  physician  where  a  physical   examination is required, shall constitute the record of the examination.   The  transcript  of the record of an examination shall not be subject to   or available for public inspection, except upon court  order  upon  good   cause shown, but shall be furnished to the claimant or his attorney upon   request.4.  A  transcript of the testimony taken at an examination pursuant to   the provisions of this section may be read in evidence by either  party,   in  an  action  founded  upon  the claim in connection with which it was   taken, at the trial thereof  or  upon  assessment  of  damages  or  upon   motion.  In an action by an executor or administrator to recover damages    for a wrongful act, neglect or default by which a decedent's  death  was   caused,  the testimony of such decedent taken pursuant to the provisions   of this section in respect of such wrongful act, neglect or default  may   be read in evidence.5.  Where  a  demand  for  examination  has been served as provided in   subdivision two of this section no action shall be commenced against the   city, county, town, village, fire district or  school  district  against   which  the claim is made unless the claimant has duly complied with such   demand for examination, which compliance shall be  in  addition  to  the   requirements  of section fifty-e of this chapter. If such examination is   not conducted within ninety days of service of the demand, the  claimant   may commence the action. The action, however, may not be commenced until   compliance  with  the  demand  for  examination if the claimant fails to   appear at the hearing or requests an adjournment or postponement  beyond   the  ninety  day  period.  If  the  claimant  requests an adjournment or   postponement beyond the ninety  day  period,  the  city,  county,  town,   village,  fire  district or school district shall reschedule the hearing   for the earliest possible date available.