LA VIGNA v. COUNTY OF WESTCHESTER

Plaintiff concedes that, pursuant to General Municipal Law § 50-h (1), a hearing was noticed, that it was repeatedly adjourned, at his request, and that he served a summons and complaint against the Village of Harrison before the hearing was held. The law is well established that, until a potential plaintiff has complied with General Municipal Law § 50-h (1), he is precluded from commencing an action against a municipality. (General Municipal Law § 50-h; see, Restivo v. Village of Lynbrook, 84 A.D.2d 831; Lowinger v. City of New York, 64 A.D.2d 888. )

Concur — Murphy, P.J., Carro, Rosenberger, Kassal and Smith, JJ.