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THOMPSON v. 9 W. 117TH ST. CORP.

44 Misc.2d 920 (1964)

William P. Thompson, Plaintiff, v. 9 West 117th Street Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

December 3, 1964

Attorney(s) appearing for the Case

Samuel Kooper for plaintiff. Morris Grossman for 9 West 117th Street Corporation, defendant.

CHARLES MARKS, J.

Motions numbered 104 and 105 of the calendar of November 24, 1964, are consolidated and disposed of together herein.

The main motion is for an order permitting plaintiff to serve and file a late notice of claim against the City of New York. Relying completely upon a statutory defense, the city does not dispute or deny any of plaintiff's assertions; thus, for the purposes of this motion, plaintiff's contentions are deemed admitted...

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