JOSEPH v. McVEIGH


206 Misc. 610 (1954)

Aline McE. Joseph, Individually and as Administratrix of The Estate of Abatha Joseph, Deceased, Plaintiff, v. Charles McVeigh et al., Individually and as Executors and Trustees under The Will of Lewis S. Morris, Deceased, et al., Defendants.

Supreme Court, Special Term, Bronx County.

September 1, 1954.


Attorney(s) appearing for the Case

Bannigan & Zirin for plaintiff.

Adrian P. Burke, Corporation Counsel, for City of New York, defendant.


MARKOWITZ, J.

This is a motion to strike out the ninth paragraph of defendants' answer alleging that plaintiff has not complied with section 50-e of the General Municipal Law, i.e., the filing of a claim "within ninety days after the claim arises".

The alleged acts complained of and wrongful death upon which the action is based all occurred on March 3, 1953. Plaintiff, decedent's widow, was appointed administratrix August 27, 1953. Notice of claim...

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