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ISRAEL v. CITY OF NEW YORK

28 Misc.2d 418 (1961)

Hertha Israel et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, Queens County.

March 1, 1961

Attorney(s) appearing for the Case

Lothar E. Nachman and Harry Robert Varon for plaintiffs. Charles H. Tenney, Corporation Counsel (George P. Hennessy of counsel), for defendant.

ANTHONY M. LIVOTI, J.

In an action to recover for personal injuries and loss of services, sustained as the result of a fall on an allegedly defective sidewalk, plaintiffs move to strike the affirmative defense: "That the plaintiffs have failed to comply with the provisions of Section 394a-1.0 of the Administrative Code of the City of New York, in that they failed to commence their action within the statutory period of limitation."

The accident...

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