IN THE MATTER OF PUZIO v. CITY OF NEW YORK


24 A.D.3d 679 (2005)

808 N.Y.S.2d 314

In the Matter of ANDRZEJ PUZIO 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.

December 19, 2005.


Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the application is granted, and the petitioners' amended notice of claim is deemed served.

General Municipal Law § 50-e (6) authorizes a court, in its discretion, to grant leave to serve an amended notice of claim where the error in the original notice of claim was made in good faith, and where the other party has not been prejudiced thereby. Here, there is no allegation...

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