Smith v. City of New York

OPINION OF THE COURT

Louis Okin, J.

Plaintiff moves for leave to serve the further amended complaint attached to her moving papers, and for summary judgment on the complaint as amended. Defendants do not object to the proposed amendment, which seeks merely to add an additional cause of action asserting that on the facts alleged in the original cause of action, predicated upon breach of a contractual relationship, plaintiff is being unlawfully and unconstitutionally deprived of property without due process of law. The Corporation Counsel, who has already appeared for the city, now appears also…