Kondek v. City of New York

—In an action to recover damages for personal injuries, etc., the plaintiffs Raymond Heinichen and Rita Heinichen appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 1, 1998, which denied their motion for leave to amend the complaint, and granted that branch of the cross motion of the defendant City of New York which was for summary judgment dismissing the cause of action to recover damages pursuant to General Municipal Law § 205-e.

Ordered that the order is reversed, on the law, with costs, the motion for leave to amend the complaint is granted, the branch of…