Shrubsall v. City of New York

Motion for an order granting leave to defendant to amend its answer so as to plead that the action was commenced prematurely.

The action was brought for the recovery of damages for personal injuries sustained as a result of the alleged negligence of the City of New York. The City maintains that the thirty days allowed the Comptroller to settle or adjust the action, after the service of the notice of claim, had not expired on August 18, 1943, the date of the commencement of the action.

The claim was served on June 4,1943. A notice to appear and be examined on July 1, 1943, pursuant to section…