This is a motion to strike out the ninth paragraph of defendants' answer alleging that plaintiff has not complied with section 50-e of the General Municipal Law, i.e., the filing of a claim "within ninety days after the claim arises".
The alleged acts complained of and wrongful death upon which the action is based all occurred on March 3, 1953. Plaintiff, decedent's widow, was appointed administratrix August 27, 1953. Notice of claim...
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