Solomon v. City of New York

Motion by defendant Giaquinto Contracting Corp., hereinafter referred to as Giaquinto, to dismiss the amended complaint on the ground that the cause of action set forth therein did not accrue as against it within the time limited for the commencement of this action (Rules Civ. Prae,, rule 107, subd. 5). Plaintiffs cross-move to strike the affirmative defense of the Statute of Limitations from the said defendant’s answer on the ground it is frivolous.

The complaint alleges plaintiffs suffered personal injuries on September 15,1956 as a result of a defective and dangerous condition of a public…