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GURFEIN v. CITY OF NEW YORK

28 Misc.2d 252 (1960)

Moe L. Gurfein, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, Bronx County.

September 21, 1960

Attorney(s) appearing for the Case

Theodore Pearle (Schwartz, Levitt & Sommer of counsel), for plaintiff. Charles H. Tenney, Corporation Counsel, for defendant.

SIDNEY A. FINE, J.

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.

In this action plaintiff...

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