Visconti v. City of New York

Plaintiff moves to strike the separate defense that plaintiff’s action is barred by failure to file a timely notice of claim, and also seeks leave to .serve a notice of claim nunc pro tunc. The complaint sets out two causes of action. The first seeks damages for an assault. The complaint alleges that on October 11, 1969, while plaintiff was an incarcerated prisoner in the Manhattan House of Detention following a plea of guilty to a felony indictment, he was assaulted by two other prisoners and that the defendant negligently failed to provide protection. The second cause of action alleges that…