Hendler v. City of New York

In an action to recover damages for personal injuries, the defendant City of New York appeals from an order of the Supreme Court, Queens County (Flug, J.), dated October 2, 2003, which granted the plaintiff’s motion, in effect, for leave to file an amended notice of claim.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for leave to file an amended notice of claim including an allegation that the defendant City of New York negligently planned and designed the traffic control device at the subject intersection and…