SOTO v. CITY OF NEW YORK


161 A.D.2d 246 (1990)

Carlos Soto, an Infant, by His Mother and Natural Guardian, Rosa Soto, et al., Appellants, v. City of New York et al., Respondents

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

May 8, 1990


Plaintiffs' failure to comply with General Municipal Law § 50-e (2), by setting forth in their notice of claim "the time when, the place where, and the manner in which the claim arose", and subsequent attempt, approximately four years later, on the eve of trial, to amend their notice of claim and pleadings to change the location of the alleged accident, and to allege a new theory of recovery, not referred to either directly or indirectly in the original notice of claim...

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