BURNS v. BINGHAMTON HOUS. AUTH.


36 A.D.2d 1004 (1971)

John B. Burns et al., Respondents, v. Binghamton Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 20, 1971


On March 19, 1968 respondents filed a notice of claim with appellant, and on April 15, 1969 commenced this action by service of the summons and complaint. On August 8, 1969 appellant served its answer which did not contain any affirmative defense alleging the Statute of Limitations. Appellant's motion for a dismissal of the complaint on the ground that respondents failed to comply with subdivision 2 of section 157 of the Public Housing Law which requires that an action against...

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