Derico v. City of New York

Appeal from order, Supreme Court, New York County, entered January 16, 1978, dismissed, as abandoned, without costs and without disbursements. Order, of the same court and Justice, entered November 2, 1977, unanimously modified, on the law and the facts, to deny plaintiffs-respondents’ motion to dismiss the second and third affirmative defenses, and to strike that provision granting plaintiffs-respondents’ application to file a notice of claim belatedly, and otherwise affirmed, without costs and without disbursements. Permission to file belatedly a notice of claim was improperly granted.…