Basile v. City of New York

Order, Supreme Court, Bronx County, (Hansel McGee, J.), entered September 8, 1988, which, inter alia, denied plaintiffs’ motion to strike the affirmative defenses contained in paragraphs 10 and 11 of the defendant’s answer, is unanimously modified, on the law, on the facts, and in the exercise of discretion, to the extent of granting only that part of plaintiffs’ motion which seeks to strike the affirmative defense contained in paragraph 10 of defendant’s answer, which alleges that the "notice of claim failed to state the nature and substance of the alleged occurrence”, and, except as thus…