Ooft v. City of New York

In a medical malpractice action, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County, entered June 24, 1980, as struck two of their affirmative defenses. Order modified, on the law, by deleting the provision striking the affirmative defense of failure to file a timely notice of claim and Statute of Limitations, and substituting a provision denying plaintiff’s motion to strike that defense. As so modified, order affirmed insofar as appealed from, without costs or disbursements. The plaintiff seeks to recover damages allegedly sustained by…