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ANESGART v. CITY OF NEW YORK

10 Misc.2d 995 (1958)

Howard Anesgart, an Infant, by His Guardian ad Litem Milton Anesgart, et al., Plaintiffs, v. City of New York et al., Defendants.

City Court of the City of New York, Special Term, Kings County.

January 20, 1958.

Attorney(s) appearing for the Case

Milton M. Fidler for plaintiffs.

Peter Campbell Brown, Corporation Counsel, for City of New York, defendant.

VINCENT D. DAMIANI, J.

Plaintiffs' motion to strike out paragraph "FOURTH" from the answer, pursuant to rule 103 of the Rules of Civil Practice, is granted, with leave to the defendant city to file an amended answer within 20 days of the entry and service of the order herein, in which it may, if it sees fit, raise any specific issue of law or fact as to the notice of claim alleged to have been served on the...

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