Israel v. City of New York

In an action to recover for personal injuries and loss of services, sustained as the result of a fall on an allegedly defective sidewalk, plaintiffs move to strike the affirmative defense: ‘£ That the plaintiffs have failed to comply with the provisions of Section 394a-1.0 of the Administrative Code of the City of New York, in that they failed to commence their action within the statutory period of limitation.”

The accident occurred on June 29, 1959. On September 23, 1959 plaintiffs served a notice of claim on the defendant City of New York, pursuant to section 50-e of the General Municipal…