GML 50H Hearing

Asked over 1 year ago - Yorktown Heights, NY

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.

Attorney answers (4)

  1. Mark Michael Campanella

    Pro

    Contributor Level 14

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    Answered . 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.

    If you find this answer useful, please mark it as "Helpful". Likewise, if you believe it is the most responsive,... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . 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.... more
  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

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    Answered . 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,... more
  4. Jayson Lutzky

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    Contributor Level 20

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    Answered . No.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more

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