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ARMSTRONG v. CITY OF N. Y.

39 Misc.2d 445 (1963)

Roy Armstrong, as Administrator of The Estate of Renee Armstrong, Deceased, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, New York County.

May 15, 1963

Attorney(s) appearing for the Case

Gellman & Gellman for plaintiff. Leo A. Larkin, Corporation Counsel, for defendant.

JOSEPH A. SARAFITE, J.

Plaintiff moves to strike the defense of failure "to comply with the provisions of section 50E of the General Municipal Law". This is a malpractice action against the city. The deceased infant was initially taken to the City Hospital on April 23, 1962 for treatment of smoke poisoning, and she was released therefrom on April 30, 1962. The infant remained ill and was taken back to the hospital on May 6, 1962. She was removed to another...

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