ZAPATA v. CITY OF NEW YORK


225 A.D.2d 543 (1996)

638 N.Y.S.2d 487

Miryam Zapata et al., Appellants, v. City of New York, Respondent

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

March 4, 1996


Ordered that the order is affirmed, with costs.

A court may, in its discretion, grant an application for leave to serve an amended notice of claim (see, General Municipal Law § 50-e [6]) where it determines that two conditions are met: first the mistake, omission, irregularity, or defect in the original notice must have been made in good faith, and second, it must appear that the public corporation has not been prejudiced thereby (see, Illera...

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