Palm v. City of Mount Vernon

Jaycox, J.:

This action was brought to recover for personal injuries (negligence). The defendant interposed an answer setting up a separate defense. The plaintiff moved to strike out this defense. The ground of the mo+ion apparently was that the defense was insufficient upon the face thereof. The complaint alleged compliance with section 265 of the Charter of the City of Mount Vernon (Laws of 1922, chap. 490). This section requires that a verified claim in writing shall be presented to the common council of the city of Mount Vernon and served upon the mayor or city clerk within three months…