Nagy v. Rothstein

In an action against the Manhattan and Bronx Surface Transit Operating Authority and others, for personal injuries arising out of a collision, plaintiff moves for an order pursuant to section 50-e of the General Municipal Law for leave to serve an amended notice of claim and for leave to serve an amended complaint. The action is at issue.

The interesting question presented is whether the complaint, as originally served with a summons, may be treated as a notice of claim. It appears that no paper labeled “ Notice of Claim ” was ever served. The complaint, however, was served within 90 days of…