Best v. City of New York

Order of the Supreme Court, Bronx County (Alfred J. Callahan, J.), entered on June 16, 1982, which granted the motion by defendant City of New York for reargument, vacated the prior order of the court, entered on January 4, 1982, and, upon reargument, granted plaintiff’s motion to strike defendant’s first affirmative defense and denied defendant’s cross motion to dismiss the complaint, is unanimously modified, on the law, without costs or disbursements, to the extent of denying plaintiff’s motion to strike defendant’s first affirmative defense and granting defendant’s cross motion to dismiss…