Sternfield v. City of New York

This is a motion brought by the plaintiff which seeks to dismiss and strike the affirmative defense of the defendant City of New York, which defense, in substance, sets forth the allegation that the plaintiff failed to comply with the statutory provisions of service of notice of claim as contained in subdivision 3 of section 50-e of the General Municipal Law. The defendant in pressing its affirmative defense alleges that the service of the notice of claim was not made within the 90-day statutory period. By contrast, the plaintiff alleges that its service did comply with the statutory…