Di Bartolo v. City of New York

Appellate Division of the Supreme Court of New York

Di Bartolo v. City of New York

267 A.D. 351, 45 N.Y.S.2d 845, 1944 N.Y. App. Div. LEXIS 4722

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 1944·Published·Cited by 1 cases

Opinions

Per Curiam.

There was full compliance with section 394a-l.Q of the Administrative Code of the City of New York (L. 1937, ch. 929). To the extent that the defendant relies on the stipulation of the parties to establish that the action is premature, it was incumbent on the defendant to plead that special agreement in its answer as an affirmative defense.

The judgment should be affirmed, with costs.

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Per Curiam.

There was full compliance with section 394a-l.Q of the Administrative Code of the City of New York (L. 1937, ch. 929). To the extent that the defendant relies on the stipulation of the parties to establish that the action is premature, it was incumbent on the defendant to plead that special agreement in its answer as an affirmative defense.

The judgment should be affirmed, with costs.

Di Bartolo v. City of New York, 267 A.D. 351, 45 N.Y.S.2d 845, 1944 N.Y. App. Div. LEXIS 4722 (N.Y. Ct. App. 1944).

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267 A.D. 351 (Di Bartolo v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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