Gurfein v. City of New York

Plaintiff moves pursuant to rule 109 of the Rules of Civil Practice to strike out the affirmative defense contained in paragraph “ Fourth ” of the answer, which alleges that plaintiff failed to comply with the provisions of section 394a-1.0 of the Administrative Code of the City of New York in that he failed to commence his action within the time prescribed by law.

*253In this action plaintiff seeks to recover for personal injuries sustained by him on February 20, 1959, due to a defective sidewalk. A notice of claim was served upon the defendant on May 4,1959. On May 13,1959 defendant served a…