A municipality failed to schedule a 50h hearing after a notice of claim was filed. The initial notice of 50h was improperly served pursuant to 50h. The representing attorney, after I notified him of improper service, sent a letter which said that the municipality was not scheduling a hearing. I am in court next week. Is there any case law which will support a request to the court that all of the allegations in the notice of claim should be considered as factual and that since the municipality failed to schedule the 50h hearing they forfeited any right to argue the merits of the case.
Criminal Defense Attorney
No. A 50-h hearing is optional. Failing to do a 50-h hearing does not mean the allegations in the Notice of Claim are deemed true.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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Fully agree with my colleagues. 50h hearings are optional, and a municipality's failure to conduct one is not an acknowledgment or recognition of the allegations. The municipality will either attempt to settle, or, if they don't, you will need to commence an action to preserve your rights and prosecute your claims.
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Lawsuit / Dispute Attorney
No, the failure to file for a 50h gives you the right to bring suit with in the statutory allowed period. The failure to schedule cannot be deemed an admission of liability. The question indicates that you should hire counsel.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com