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ROWE v. BD. OF EDUC., N. Y. C.

47 Misc.2d 621 (1965)

Edwin Rowe, Jr., an Infant, by Edwin Rowe, Sr., His Father and Natural Guardian, et al., Plaintiffs, v. Board of Education of the City of New York, Defendant.

Supreme Court, Special Term, Queens County.

August 3, 1965

Attorney(s) appearing for the Case

Jacob B. Gersten (Meltzer, Rich & Baker of counsel), for plaintiffs. Leo A. Larkin, Corporation Counsel, for defendant.

LESTER HOLTZMAN, J.

Plaintiffs move for an order striking as insufficient in law paragraph "TENTH" of the answer containing the defense of noncompliance with the short Statute of Limitations.

The infant plaintiff was injured on January 3, 1964. On March 31, 1964 plaintiffs served a notice of claim on the defendant pursuant to section 50-e of the General Municipal Law. Thereafter, the defendant served notice upon plaintiffs requiring them to appear...

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