Legal Opinion
Copeland v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 4 opinions
1Opinion of the Court
Pursuant to General Municipal Law § 50-e (6), a court has discretion to grant leave to serve an amended notice of claim where the error in the original notice was made in good faith and where the other party has not been prejudiced thereby (see Sanchez v City of New York, 87 AD3d 576 [2011]). Here, there is no indication that the typographical error regarding the date of the accident in the original notice of claim was made in bad faith, the defendant did not demonstrate any actual prejudice to it as a result of the error, and the record does not give rise to a *692presumption of the existence of…
2Cases cited5 opinions
- Gatewood v. Poughkeepsie Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Puzio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Elliot v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2008
- Sanchez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Ritchie v. Felix AssociatesAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Torres v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 2014
- Bowers v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Connors v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2023
- Fast v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2017