New York Supreme Court May 15, 1963 (Armstrong v. City of New York)

Joseph A. Sarafite, J.

Plaintiff moves to strike the defense of failure ‘ ‘ to comply with the provisions of section 50E of the General Municipal Law ”. This is a malpractice action against the city. The deceased infant was initially taken to the City Hospital on April 23, 1962 for treatment of smoke poisoning, and she was released therefrom on April 30, 1962.