COPELAND v. CITY OF NEW YORK

2011-00811.

90 A.D.3d 691 (2011)

934 N.Y.S.2d 315

2011 NY Slip Op 9081

CHRISTINE COPELAND, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 13, 2011.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the defendant's motion to dismiss the complaint is denied, and the plaintiff's cross motion for leave to amend her notice of claim is granted.

Pursuant to General Municipal Law § 50-e (6), a court has discretion to grant leave to serve an amended notice of claim where the error in the original notice was made in good faith and where the other party has not been prejudiced...

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