Franklin Society Federal Savings & Loan Ass'n v. City of New York

Plaintiff, Franklin Society Federal Savings and Loan Association (Franklin), moves pursuant to CPLR 3211 (subd. [b]) for an order dismissing the affirmative defense contained in paragraph “ Ninth ” of defendant’s answer on the ground that it has no merit and that a defense is not stated.

The pertinent facts for the purpose of this motion are not in dispute. Franklin alleges that on June 17, 1970, it was damaged because of purported negligence on the city’s part. Pursuant to section 50-e of the General Municipal Law plaintiff served a written notice of claim and intention to sue upon the…