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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 28, 1944

StatusPublished

Cited by1 cases

This text of 267 A.D. 351 (Di Bartolo v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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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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.

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Bluebook (online)

267 A.D. 351, 45 N.Y.S.2d 845, 1944 N.Y. App. Div. LEXIS 4722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-bartolo-v-city-of-new-york-nyappdiv-1944.

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