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JONES v. CITY OF NEW YORK

277 A.D.2d 286 (2000)

715 N.Y.S.2d 663

LARRY JONES et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided November 13, 2000.

Ordered that the order is affirmed, with costs.

A court may, in its discretion, grant a motion for leave to serve an amended notice of claim where a mistake was made in good faith and the municipality has not been prejudiced thereby (see, Kaminsky v City of New York, 238 A.D.2d 380). However, where, as here, a municipality is misled by an erroneous notice of claim to conduct an investigation at the wrong site, this circumstance...

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