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WALLACE v. CITY OF NEW YORK

126 Misc.2d 56 (1984)

Katherine Wallace, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, Queens County.

October 4, 1984

Attorney(s) appearing for the Case

Mazur & Bocketti for plaintiff. Frederick A. O. Schwarz, Jr., Corporation Counsel, for defendants.

LEON A. BEERMAN, J.

Plaintiff moves for an order striking the defendant's third affirmative defense, alleging the failure of plaintiff to comply with section 50-h of the General Municipal Law which provides in pertinent part: "Wherever a notice of claim is filed against a city, county, town, village, fire district or school district the city, county, town, village, fire district or school district shall have the right to demand an examination of the claimant...

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