Alongis v. City of New York

This is a negligence action involving an alleged defective sidewalk. Plaintiff moves to strike and vacate the separate defense of the defendant contained in paragraph fourth of its answer to the effect that the plaintiff has failed to comply with section 93d-1.0 of the Administrative Code of the City of New York and section 50-h of the General Municipal Law in that the plaintiff refused to answer pertinent, relative and material questions pertaining to his claim on his examination by the Comptroller of the City of New York.

Since this defense on its face is sufficient in law, it will be…