McGuire v. City of New York

Plaintiff moves, under rule 109 of the Rules of Civil Practice, to strike out as legally insufficient the city’s defense that plaintiff’s right to recover damages against it is barred because it was not begun within the time permitted by the Statute of Limitations. The specific statute which the city relies upon is not indicated in the answer but the city says in its brief that it relies on the provisions of section 394a-1.0 of the New York City Administrative Code. Such section requires (subd. c) that an action against it “ for damages for personal injuries resulting from the negligence of…