Woentz v. City of New York

Motion by plaintiff for leave to amend complaint by adding thereto an alleged second cause of action setting forth the same statement of facts as alleged in the first cause of action for negligence, but alleging nuisance. Defendant’s corporation counsel opposes the motion and contends that said alleged second cause of action is merely a repetition of the first cause of action based on negligence, to which it has interposed a separate defense that the same is barred by the expiration of the time required for the filing of claim and notice of intention to commence an action under the provisions…