BURNS v. CITY OF BINGHAMTON, NEW YORK


39 A.D.2d 1009 (1972)

John B. Burns et al., Respondents, v. City of Binghamton, New York, Defendant, and Binghamton Housing Authority, Defendant and Third-Party Plaintiff-Appellant. Avella Construction Co. Inc., et al., Third-Party Defendants-Respondents

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

June 29, 1972


On February 4, 1968 the plaintiffs-respondents were allegedly injured while attending an open house for the public at a public housing project owned by the appellant. Plaintiffs-respondents filed a notice of claim within 90 days but did not commence their action until April 15, 1969 and appellant now moves to amend its answer to plead the defense that the actions are barred by section 157 of the Public Housing Law. Special Term denied the motion on the basis of the denial...

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