Plaintiffs move to strike defendant's affirmative defense herein that the action was prematurely commenced prior to a hearing pursuant to section 50-h of the General Municipal Law.
The defendant, however, has never interposed an affirmative defense premised upon section 50-h. Accordingly, plaintiff's motion is denied.
Defendant recognizing plaintiffs' misapprehension crossmoves for an order accelerating its affirmative...
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