Kamienska v. County of Westchester

John H. Galloway, Jr., J.

One of the plaintiffs, Roger Marallo, moves under rules 113 and 114 of the Rules of Civil Practice for an order striking out the answer of the defendants as to his the fourth cause of action set forth in the complaint and directing summary judgment for said plaintiff thereon. The defendants cross-move under rule 113 of the Rules of Civil Practice for an order dismissing the complaint (including plaintiff Roger Marallo ?s cause of action) on the ground that ‘1 it fails to state a cause of action in that there ivas no timely service of a notice of claim and that the…