CHARLESTON v. INCORPORATED VILLAGE OF CEDARHURST


62 A.D.3d 641 (2009)

878 N.Y.S.2d 407

MINDY CHARLESTON, Respondent, v. INCORPORATED VILLAGE OF CEDARHURST, Appellant, et al., Defendants.

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

Decided May 5, 2009.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was for leave to amend the notice of claim is denied, and the cross motion of the defendant Incorporated Village of Cedarhurst to dismiss the complaint insofar as asserted against it is granted.

The original notice of claim in this case, involving an allegedly defective sidewalk condition, misidentified...

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