Tacinelli v. Liberty Lines

In a negligence action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Westchester County (Marbach, J.), entered June 24, 1985, as (1) granted the plaintiffs motion to strike defendant’s affirmative defense that the plaintiff had failed to serve a notice of claim in compliance with General *757Municipal Law § 50-e, and for a special preference, and (2) denied the defendant’s cross motion to dismiss the action for failure to properly serve a notice of claim.

Ordered that the order is modified by deleting therefrom the provision granting…