Matter of Corwin v. City of New York

Andrias and Richter JJ.,

dissent in part in a memorandum by Andrias, J., as follows: I agree with the majority that the motion court properly denied petitioners’ motion for leave to amend their notice of claim under General Municipal Law § 50-e (6). I also agree with the majority that petitioners should have been granted leave to file a late notice of claim pursuant to General Municipal Law § 50-e (6) to assert a claim based on the City’s alleged negligence and professional negligence in the design of the infrastructure of the Citi Bike program and the incident site (the design claim).…