Legal Opinion

Soto v. City of New York

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

Decided May 8, 1990PublishedCited by 2 opinions

1Opinion of the Court

Order of the Supreme Court, Bronx County (Jack Turret, J.), entered on April 28, 1989, which denied plaintiffs’ motion to amend their notice of claim, pleadings and bill of particulars, and which granted defendants’ cross motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs’ failure to comply with General Municipal Law § 50-e (2), by setting forth in their notice of claim "the time when, the place where, and the manner in which the claim arose”, and subsequent attempt, approximately four years later, on the eve of trial, to amend their notice of claim and pleadings…

2Cases cited5 opinions

  1. Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  2. Demorcy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
  3. Altmayer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
  4. Nouri v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
  5. Gordon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by2 opinions

  1. Wanczowski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
  2. Carhart v. Village of HamiltonAppellate Division of the Supreme Court of the State of New York · 1993

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