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MATTER OF BARRIOS v. CITY OF NEW YORK

300 A.D.2d 480 (2002)

751 N.Y.S.2d 562

In the Matter of HIUDICTA BARRIOS, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 16, 2002.

Ordered that the order is reversed, with costs, the petition is granted, and the amended notice of claim is deemed served.

A court may, in its discretion, grant an application for leave to serve an amended notice of claim if the mistake, omission, irregularity, or defect in the original notice was made in good faith, and the municipality has not been prejudiced (see General Municipal Law § 50-e [6]; D'Alessandro...

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