Torres v. City of New York

OPINION OF THE COURT

Nicholas A. Clemente, J.

Plaintiffs move to strike defendant’s affirmative defense herein that the action was prematurely commenced prior to a hearing pursuant to section 50-h of the General Municipal Law.

The defendant, however, has never interposed an affirmative defense premised upon section 50-h. Accordingly, plaintiff’s motion is denied.

Defendant recognizing plaintiffs’ misapprehension cross-moves for an order accelerating its affirmative defense to dismiss plaintiffs’ complaint as fatally defective under section 50-i of the General Municipal Law, in that the action…