Legal Opinion
Sanchez v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided August 9, 2011PublishedCited by 3 opinions
1Opinion of the Court
*577General Municipal Law § 50-e (6) authorizes a court, in its 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. Here, there is no indication that the typographical error in setting forth the accident date in the original notice of claim was made in bad faith. Moreover, the appellants did not demonstrate any actual prejudice as a result of the error, and the record discloses no basis to presume the existence of prejudice. Furthermore, contrary to the appellants’…
2Cases cited10 opinions
- Zinnamon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Formanek v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- 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
- Lin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 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
- Copeland v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011