In New York, individuals seeking to bring personal injury claims against municipalities must comply with certain procedural requirements before filing a lawsuit. One key requirement is a pre-suit physical examination under General Municipal Law §50-h, which serves as a condition precedent to commencing an action against a municipal defendant. A recent decision from the Appellate Division, Second Department, clarifies the consequences of failing to meet this requirement.

In Zimmerman v. Vasquez, 242 A.D.3d 1256(App. Div. 2d Dept.’ 2025), the plaintiff filed a personal injury lawsuit after his vehicle was struck by a garbage truck operated by a City of Yonkers employee. Prior to filing the action, the defendants requested that the plaintiff submit to a physical examination pursuant to General Municipal Law §50-h. The plaintiff did not comply. The defendants subsequently moved to dismiss the complaint under C.P.L.R. §3211(a), arguing that the lawsuit was premature without compliance with §50-h.

The Supreme Court, Westchester County, granted the defendants’ motion and dismissed the complaint with prejudice, effectively barring the plaintiff from refiling. On appeal, the Appellate Division affirmed the dismissal of the complaint for failure to comply with §50-h but modified the order to dismiss without prejudice, allowing the plaintiff the opportunity to refile once the statutory requirement is met.

The court emphasized that compliance with a § 50-h examination is generally required before initiating a personal injury action against a municipality. Exceptions to this requirement exist, but only in extraordinary circumstances such as severe physical or psychological incapacity, which the plaintiff did not allege here.  By clarifying that dismissal for failure to comply with §50-h is typically without prejudice, the court ensures that municipal defendants receive the procedural protections intended by the statute, while preserving plaintiffs’ opportunity to pursue valid claims once requirements are satisfied.

Giulia R. Marino, Esq.