Di Bartolo v. City of New York

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1944-01-28
Citations: 267 A.D. 351
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Lead Opinion
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.