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What is a Pre-Action Hearing or a 50-h Hearing in New York?
Under New York State Law, you cannot file a lawsuit against a city, town or municipal agency
until after you have filed a Notice of Claim and the defendant has had an opportunity to
conduct a pre-action hearing on that claim. That pre-action hearing or statutory hearing is
commonly known as a 50-h hearing after the section of Municipal Law that created them.
Don’t be confused. A 50-h hearing, a pre-action hearing and a statutory hearing are all the same
thing.
A pre-action hearing occurs any time a person appears under oath to answer questions posed
by an attorney retained by the municipality or municipal agency prior to filing a lawsuit. This
hearing is similar to a deposition that all parties are entitled to conduct after a lawsuit begins.
A municipality or municipal agency is entitled to both a pre-action hearing and a deposition
after the suit begins.
50-h hearings usually occur outside the courtroom and usually take place in a lawyer’s office or
the office of a court reporter. The statutory hearing, similar to a deposition, allows the
opposing lawyer to collect testimony from the claimant that assists in the pre-suit investigation
of a case. The testimony taken during a 50-h hearing can be used at a trial.
The municipality or municipal agency has 90 days from receiving the Notice of Claim to conduct
a 50-h hearing. If the Municipal Agency demands a Statutory Hearing, you must appear. You
cannot begin a lawsuit until after appearing at the Statutory Hearing. If the municipality or
agency does not demand a hearing within 30 days of filing the Notice of Claim, you have the
right to commence the lawsuit immediately although you may have to appear for the hearing
after filing suit.
If the defendant requests a 50-h hearing, you cannot file a lawsuit against the municipality or
municipal agency until after the completion of the 50-h hearing.
What are Examples of Who Is Entitled to Request a Statutory (50-h) hearing?
Every city, town, village and municipal agency in New York is entitled to request a pre-action
hearing. Once the defendant receives the Notice of Claim, it has 90 days to conduct a 50-h
hearing. Municipalities include entities as large as the City of New York and Yonkers as well as
the many small villages that dot Long Island. Some examples of municipal agencies entitled to a
50-h hearing include:
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All school districts, including the New York City Board of Education.
All public transportation agencies, including the Long Island Railroad, Metro-North, New
York City Transit and New York City buses.
All public hospitals, including Hospitals operated by the City of New York.
All public nursing homes.
All public health clinics.
All fire departments and fire districts.
How Does One Prepare for a 50-h hearing?
You should treat a 50-h hearing the same as you would a deposition. Your attorney will provide
guidance on how to prepare.
Remember, before filing a lawsuit against a municipality or a municipal agency, you must first
file a Notice of Claim. If the defendant requests a 50-h hearing, you cannot file a lawsuit against
the municipality or municipal agency until after the completion of the 50-h hearing.
I hope you found this information helpful. If you or a loved one has been hurt due to the
negligence of another, you may want to consult a New York personal injury attorney. I would be
glad to answer your questions and assist you. You can call me at 1-800-660-1466 or send an
email to [email protected].
Carol L. Schlitt
New York Personal Injury Attorney
The Schlitt Law Firm
www.SchlittLaw.com
NYlawthoughts.com
1-800-660-1466
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you
should consult an attorney.
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit
permission of the author.
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