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MOLINA v. CITY OF NEW YORK

284 A.D.2d 511 (2001)

727 N.Y.S.2d 324

JASMIN MOLINA et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided June 25, 2001.

Ordered that the order is affirmed insofar as appealed from, 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" (Jones v City of New York, 277 A.D.2d 286). In seeking leave to amend their notice of claim three years after the accident, the appellants did not explain their failure...

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