O'Neill v. City of New York

This is a motion by plaintiff for summary judgment and a cross motion by defendant to amend the answer by adding three additional defenses. Considering the latter motion first, we have the following situation: The proposed affirmative defense “Third” alleges: “That during

the period of plaintiff’s suspension, the period herein sued for, the Personnel Director, has never certified any estimate; payroll or account containing the name of the plaintiff credited with pay for said period.” The proposed affirmative defense “ Fourth ” alleges: “ That the plaintiff has never obtained a writ of…