Konsker v. City of New York

Order, Supreme Court, New York County, (Leonard N. Cohen, J.), entered January 25, 1990, which denied plaintiffs’ motion to amend a notice of claim, and granted defendant’s cross-motion to dismiss plaintiffs’ complaint, unanimously affirmed, without costs.

According to plaintiffs’ notice of claim, which was timely served upon defendant City of New York on January 4, 1989, as well as the summons and complaint, served on February 15, 1989, plaintiff Shirley Konsker was injured, allegedly due to the negligence of the city, when she fell on a metal plate on the roadway near the intersection of…