COAKLEY v. CITY OF NEW YORK


270 A.D.2d 150 (2000)

706 N.Y.S.2d 318

HELEN COAKLEY, Respondent, v. CITY OF NEW YORK et al., Defendants, and DIAMOND ASPHALT CORPORATION, Appellant.

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

Decided March 23, 2000.


Plaintiff's original complaint, which alleged that appellant's negligence caused damage not only to her home but also "caus[ed] plaintiff to suffer physical damage which resulted from cleaning and bailing buckets of water," should have put appellant on notice that plaintiff was seeking to recover for personal injuries as well as property damage. Accordingly, the proposed amendment, which was made within the limitations period for personal injury claims and, except for clarifying...

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