Rowe v. Board of Education

Plaintiffs move for an order striking as insufficient in law paragraph ‘ ‘ tenth ’ ’ of the answer containing the defense of noncompliance with the short Statute of Limitations.

The infant plaintiff was injured on January 3, 1964. On March 31,1964 plaintiffs served a notice of claim on the defendant pursuant to section 50-e of the General Municipal Law. Thereafter, the defendant served notice upon plaintiffs requiring them to appear for examination before trial at the office of *622the Comptroller. The examination was held on October 15,1964. The summons and complaint were served on May 24, 1965,…