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MATTER OF BERKO v. CITY OF NEW YORK

302 A.D.2d 594 (2003)

755 N.Y.S.2d 635

In the Matter of BERNARD BERKO et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 24, 2003.

Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is granted, and the petitioners' amended notices of claim will be deemed served upon service on the respondents of a copy of this decision and order.

The petitioners moved by order to show cause pursuant to General Municipal Law § 50-e (6) for leave to serve amended notices of claim upon the respondents in order to correct the date of the accident stated in...

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