IN THE MATTER OF NIEWOJT v. CITY OF MIDDLETOWN

2010-01300.

78 A.D.3d 948 (2010)

910 N.Y.S.2d 690

In the Matter of DARIUSZ NIEWOJT et al., Respondents, v. CITY OF MIDDLETOWN, NEW YORK, et al., Appellants.

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

Decided November 16, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, and that branch of the petition which was for leave to amend the notice of claim to assert additional causes of action alleging violations of Labor Law §§ 200, 240 and § 241 (6) is denied.

The new theories of recovery contained in the petitioners' proposed amended notice of claim would...

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