MONTALVO v. CITY OF NEW YORK


45 A.D.2d 852 (1974)

Teudys Montalvo (Senior), Individually and as Guardian and Natural Parent of Teudys Montalvo (Junior), an Infant, et al., Appellants, v. City of New York, Respondent. (And Another Title.)

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

July 8, 1974


Order reversed, insofar as appealed from, on consent, and, with $20 costs and disbursements to appellant against respondent City of New York.

In a letter to this court, dated March 29, 1974, respondent City of New York conceded that the proposed amendments to the notice of claim and the complaint against it "would merely `clarify' the legal basis upon which they [appellants] would seek to impose liability upon the City" and that "in fact such amendments would not...

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