Jelinek v. City of New York

-Order entered June 10, 1965, denying a motion to strike certain affirmative defenses and granting the cross motion -by certain defendants for summary judgment dismissing the complaint, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of dismissing the complaint against defendant-respondent the City of New York, and, as so modified, affirmed, with $30 costs and disbursements to defendants-respondents. The complaint in the prior action was dismissed on March 29, 1963 for plaintiff’s refusal to pick a jury at Trial Term. Plaintiff’s motion to…