Anesgart v. City of New York

Plaintiffs’ motion to strike out paragraph “fourth” from the answer, pursuant to rule 103 of the Rules of Civil Practice, is granted, with leave to the defendant city to file an amended answer within 20 days of the entry and service of the order herein, in which it may, if it sees fit, raise any specific issue of law or fact as to the notice of claim alleged to have been served on the comptroller. The court is of the opinion that the defendant city should specifically set forth in its answer any defense relative to the sufficiency or timeliness of the said notice, rather than merely admit the…