Franckowiak v. East Greenbush Central School District

— Appeal from an order of the Supreme Court at Special Term, entered March 13, 1978 in Rensselaer County, which granted plaintiff’s motion to strike from defendant’s answer the affirmative defense of a prior judgment dismissing the complaint, and denied defendant’s cross motion for leave to amend its answer to assert the affirmative defense of a prior action pending for the same relief. On October 30, 1973 plaintiff, then 15 years of age, was injured in an accident at Columbia High School. A notice of claim was duly served on the defendant and an action was timely commenced on plaintiff’s…