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VAN BUREN v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 7633, 18924/07.

95 A.D.3d 604 (2012)

944 N.Y.S.2d 108

2012 NY Slip Op 3761

ERVING VAN BUREN, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 15, 2012.

The motion court erred in granting leave to amend the notice of claim pursuant to General Municipal Law § 50-e (6) "since the statute only `authorizes the correction of good faith, nonprejudicial, technical defects or omissions, not substantive changes in the theory of liability'" (Donaldson v New York City Hous. Auth., 91 A.D.3d 550, 551 [2012], quoting Scott v City of New York, 40 A.D.3d 408

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