Hack v. Wagner

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In view of our decision in Hack v City of Syracuse (256 AD2d 1226 [decided herewith]), we modify the order by granting in part plaintiffs motion and striking the second affirmative defense that the action is barred by failure to comply with General Municipal Law §§ 50-e and 50-i, denying defendant’s cross motion for summary judgment and reinstating the complaint. That part of plaintiffs motion seeking to strike the fifth affirmative defense that the complaint is…