Burns v. City of Binghamton

Appeal from an order of the Supreme Court, Broome County, denying the appellant’s motion for leave to amend its answer and from judgments of the same court dismissing appellant’s third-party complaints. On February 4, 1968 the plaintiffs-respondents were allegedly injured while attending an open house for the public at a public housing project owned by the appellant. Plaintiffs-respondents filed a notice of claim within 90 days but did not commence their action until April 15, 1969 and appellant now moves to amend its answer to plead the defense that the actions are barred by section 157 of…