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McINTOSH v. VILLAGE OF FREEPORT

2010-00663.

95 A.D.3d 965 (2012)

943 N.Y.S.2d 751

2012 NY Slip Op 3608

ANTOINETTE McINTOSH, an Incapacitated Person, by Her Guardian, ANDREA MARTIN, et al., Respondents, v. VILLAGE OF FREEPORT, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided May 8, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the plaintiff Andrea Martin (hereinafter the plaintiff), as guardian of Antoinette McIntosh, for leave to amend her notice of claim to assert a derivative cause of action to recover damages for loss of services on her own behalf. The plaintiff sought leave to amend her notice of claim in order to address an omission (see General Municipal Law § 50-e [6]). The...

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