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SCIOLTO v. NEW YORK CITY TRANSIT AUTHORITY

288 A.D.2d 144 (2001)

734 N.Y.S.2d 9

THERESA SCIOLTO et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided November 27, 2001.

Plaintiffs neglected to include the derivative claim for loss of consortium and loss of services in their original notice of claim, but did include such causes of action in their complaint. Thus, the court properly allowed plaintiffs to amend the notice of claim to include the derivative claims inadvertently omitted from the original notice. Defendant suffered no prejudice, since it received actual notice of the claim in plaintiffs...

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