Robinson v. New York City Housing Authority

Motion by defendant for summary judgment dismissing the complaint on the ground that the action is barred by an affirmative defense which is established by documentary evidence. Cross motion by the plaintiffs for an order striking the said defense for legal insufficiency.

There is no dispute as to the facts upon which the two motions are based. Plaintiff wife was allegedly injured on December 1,1952. Notice of claim was served upon the defendant on May 27, 1953 which was more than 90 days after the alleged accident. The question presented by these two motions is whether the notice of claim…