Gladstone v. Board of Education

This is a motion by the plaintiff to strike out the second defense to the action set forth in the complaint wherein the defendant alleges upon information and belief: “ Five: That plaintiff was not so mentally or physically incapacitated within the 60 day period following the accident alleged and set forth in the complaint that a notice of claim could not have been sworn to by or on behalf of the claimant and served on the defendant in accordance with the provisions of Section 50-e of the General Municipal Law of the State of New York.”

It appears from the complaint that the plaintiff was…