Legal Opinion

Mazza v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided August 5, 1985PublishedCited by 25 opinions

1Opinion of the Court

In an action to recover damages, inter alia, for personal injuries, plaintiffs appeal from a judgment of the Supreme Court, Richmond County (Felig, J.), dated May 8, 1984, which (1) denied their motion for leave to amend their notice of claim, and (2) granted a cross motion by the defendant City of New York to dismiss the complaint as against it.

Judgment affirmed, without costs or disbursements.

A court may, in its discretion, grant a motion for leave to amend a notice of claim (General Municipal Law § 50-e [6]) where it determines that two conditions have been met: first, the mistake,…

2Cases cited11 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  3. Teresta v. City of New YorkNew York Court of Appeals · 1952
  4. Levine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  5. Schwartz v. City of New YorkNew York Court of Appeals · 1929

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3Cited by25 opinions

  1. Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  2. Martire v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
  3. Carbone v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1991
  4. Pollicino v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  5. Malla v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987

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