Grant v. Town of Kirkland

The plaintiffs have moved for an order striking out paragraph “Third” of the defendant’s answer upon the ground that it is insufficient as a matter of law. Paragraph “ Third ” of the defendant’s answer reads as follows: “ As and for a further defense to the plaintiff’s alleged cause of action the defendant alleges: That the plaintiff has failed to comply with the requirements of Section 50-e of the General Municipal Law as a condition precedent to the commencement of this action. ’ ’

The cause of action set forth in the plaintiffs’ complaint is an equitable action brought to abate and remove…