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MONTGOMERY v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

254 A.D.2d 114 (1998)

678 N.Y.S.2d 626

James Montgomery, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority et al., Respondents, et al., Defendants

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

October 15, 1998

We agree with the motion court that plaintiff's proposed amendment to his notice of claim to indicate that the bus with which he collided was moving, and not standing still as he had previously claimed in his bill of particulars, deposition, and comptroller's hearing testimony, would prejudice defendants (see, Brown v New York City Tr. Auth., 172 A.D.2d 178). The proposed amendment...

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