Bergman v. Town of Hempstead

Motion for a protective order (CPLR 3103) and for an order dismissing affirmative defenses (CPLR 3211, subd. [b]) is denied.

The accident in which one of the plaintiffs was injured occurred on February 28,1969. Their notice of claim was served on May 9, 1969, well within the 90 days permitted (General *150Municipal Law, § 50-e, subd. 1). On June 24th, when more than 30 days had elapsed since the filing of the notice of claim, plaintiffs served their summons and complaint. On July 30th, • or approximately 82 days after the filing of the notice of claim, defendant sought to examine plaintiff's…