Winbush v. City of Mount Vernon

In an action to recover damages for personal injuries and for wrongful death, defendant City of Mount Vernon appeals from an order denying its motion to dismiss the first and third causes of action alleged in the complaint for insufficiency under rule 106 of the Rules of Civil Practice and granting plaintiffs’ cross motion to amend a notice of claim. Order modified on the law by striking the ordering paragraphs therefrom and by substituting in lieu thereof provisions granting the motion to dismiss as to the first cause of action and granting the motion to amend the notice of claim so as to…