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PEARSON v. INC. VILL. OF HEMPSTEAD

31 A.D.2d 656 (1968)

John Pearson, Respondent, v. Incorporated Village of Hempstead, Appellant, and Town of Hempstead, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 23, 1968

In our opinion, in view of the fact that there is only one Albemarle Street or Avenue and it is in the Incorporated Village of Hempstead, it was not an abuse of discretion for Special Term to grant plaintiff's motion to amend his notice of claim so as to specify the location of the accident as 48 Albemarle Avenue, Village of Hempstead, rather than 48 Albemarle Street, West Hempstead. Motion by respondent Town of Hempstead to dismiss appeal as to it. Motion dismissed as academic...

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