Rizzi v. Patchogue Medford UFSD 24

OPINION OF THE COURT

Jack J. Cannavo, J.

The plaintiffs herein have moved for an order striking the second affirmative defense of defendant alleging violation of General Municipal Law § 50-h on the grounds that defendant was not entitled to a municipal hearing because the defendant’s notice for a municipal hearing was defective and untimely.

The plaintiffs served a written verified notice of claim on July 17, 1985, as required by General Municipal Law § 50-e. Said notice of claim alleges that the infant plaintiff was shoved, and, as a result, he struck his head on the sharp edge of a chair. This…