BURG v. CITY OF NY


108 Misc.2d 357 (1981)

Mollie Burg et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, Queens County.

March 23, 1981


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel, for defendant. Gould & Weissman for plaintiffs.


HAROLD HYMAN, J.

This motion by defendant, City of New York, to dismiss pursuant to CPLR 3211 (subd [a], par 5) contends that the action is time barred under section 50-i of the General Municipal Law. Plaintiffs cross-move to enforce a settlement allegedly entered into between the parties after commencement of the action, or alternatively, to dismiss the Statute of Limitations affirmative defense raised in defendant's answer.

This action stems...

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