VISCONTI v. CITY OF N. Y.


45 A.D.2d 480 (1974)

Salvatore Visconti, Appellant, v. City of New York, Respondent

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

September 26, 1974.


Attorney(s) appearing for the Case

Theodore M. Wolkof of counsel (Ash & Miller, attorneys), for appellant.

Francis F. Caputo of counsel (L. Kevin Sheridan with him on the brief; Adrian P. Burke, Corporation Counsel), for respondent.

McGIVERN, P. J., NUNEZ, LUPIANO and CAPOZZOLI, JJ., concur.


STEUER, J.

Plaintiff moves to strike the separate defense that plaintiff's action is barred by failure to file a timely notice of claim, and also seeks leave to serve a notice of claim nunc pro tunc. The complaint sets out two causes of action. The first seeks damages for an assault. The complaint alleges that on October 11, 1969, while plaintiff was an incarcerated prisoner in the Manhattan House of Detention...

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