§ 50-h. Examination of claims. 1. Wherever a notice of claim is filed
against a city, county, town, village, fire district, ambulance district
or school district the city, county, town, village, fire district,
ambulance district or school district shall have the right to demand an
examination of the claimant relative to the occurrence and extent of the
injuries or damages for which claim is made, which examination shall be
upon oral questions unless the parties otherwise stipulate and may
include a physical examination of the claimant by a duly qualified
physician. If the party to be examined desires, he or she is entitled to
have such examination in the presence of his or her own personal
physician and such relative or other person as he or she may elect.
Exercise of the right to demand a physical examination of the claimant
as provided in this section shall in no way affect the right of a city,
county, town, village, fire district, ambulance district or school
district in a subsequent action brought upon the claim to demand a
physical examination of the plaintiff pursuant to statute or court rule.

2. The demand for examination as provided in subdivision one of this
section shall be made by the chief executive officer or, where there is
no such officer, by the chairman of the governing body of the city,
county, town, village, fire district or school district or by such
officer, agent or employee as may be designated by him for that purpose.
The demand shall be in writing and shall be served personally or by
registered or certified mail upon the claimant unless the claimant is
represented by an attorney, when it shall be served personally or by
mail upon his attorney. The demand shall give reasonable notice of the
examination. It shall state the person before whom the examination is to
be held, the time, place and subject matter thereof and, if a physical
examination is to be required, it shall so state. If the place of
examination is located outside the municipality against which the claim
is made, the claimant may demand, within ten days of such service, that
the examination be held at a location within such municipality. Such
location shall be determined by the municipality. If a physical
examination is to be required and there is no appropriate place for such
an examination within the municipality, such examination shall be given
at a location as close to such municipality as practicable. No demand
for examination shall be effective against the claimant for any purpose
unless it shall be served as provided in this subdivision within ninety
days from the date of filing of the notice of claim, or if service of
the notice of claim is made by service upon the secretary of state
pursuant to section fifty-three of this article, within one hundred days
from the date of such service.

3. In any examination required pursuant to the provisions of this
section the claimant shall have the right to be represented by counsel.
The examination shall be conducted upon oath or affirmation. The officer
or person before whom the examination is had shall take down or cause to
be taken down every question and answer unless the parties consent that
only the substance of the testimony be inserted. The testimony so taken,
together with the report of the examining physician where a physical
examination is required, shall constitute the record of the examination.
The transcript of the record of an examination shall not be subject to
or available for public inspection, except upon court order upon good
cause shown, but shall be furnished to the claimant or his attorney upon
request.

4. A transcript of the testimony taken at an examination pursuant to
the provisions of this section may be read in evidence by either party,
in an action founded upon the claim in connection with which it was
taken, at the trial thereof or upon assessment of damages or upon
motion. In an action by an executor or administrator to recover damages
for a wrongful act, neglect or default by which a decedent's death was
caused, the testimony of such decedent taken pursuant to the provisions
of this section in respect of such wrongful act, neglect or default may
be read in evidence.

5. Where a demand for examination has been served as provided in
subdivision two of this section no action shall be commenced against the
city, county, town, village, fire district or school district against
which the claim is made unless the claimant has duly complied with such
demand for examination, which compliance shall be in addition to the
requirements of section fifty-e of this chapter. If such examination is
not conducted within ninety days of service of the demand, the claimant
may commence the action. The action, however, may not be commenced until
compliance with the demand for examination if the claimant fails to
appear at the hearing or requests an adjournment or postponement beyond
the ninety day period. If the claimant requests an adjournment or
postponement beyond the ninety day period, the city, county, town,
village, fire district or school district shall reschedule the hearing
for the earliest possible date available.