Legal Opinion

Claim of Davidson v. New York City Housing Authority

New York Supreme Court

Decided April 12, 1968PublishedCited by 2 opinions

1Opinion of the CourtBenjamin Brenner, J.

This is a personal injury action against the City of New York and the Housing Authority in which plaintiffs move to amend their notice of claim to substitute the father of the injured infant for the mother with respect to the claim for loss of services and medical expenses.

Plaintiffs allege that the mother’s name was placed in the notice inadvertently instead of the father’s. The question is whether defendants are prejudiced by the proposed change, since the father’s claim is merely derivative of the infant’s, which claim has been properly presented and, presumably, thoroughly investigated…

2Cases cited4 opinions

  1. Teresta v. City of New YorkNew York Court of Appeals · 1952
  2. Winbush v. City of Mount VernonNew York Court of Appeals · 1954
  3. Charlemagne v. City of New YorkNew York Court of Appeals · 1951
  4. Winbush v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by2 opinions

  1. Taunus Corp. v. City of New YorkDistrict Court, S.D. New York · 2003
  2. Grant v. City of RochesterNew York Supreme Court · 1971

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