Legal Opinion

Torres v. Town of Babylon

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

Decided December 24, 2014No. 2014-03001PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated February 18, 2014, which denied their motion pursuant to General Municipal Law § 50-e (6) for leave to serve an amended notice of claim.

Ordered that the order is affirmed, with costs.

Pursuant to General Municipal Law § 50-e (6), a court has 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 (see Copeland v City of…

2Cases cited8 opinions

  1. Aviles v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  2. Sarkissian v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  3. Copeland v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  4. Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  5. Charleston v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by8 opinions

  1. Davis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  2. Matter of Thomas v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2021
  3. DeGroat v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  4. Garland v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025
  5. Hernandez-Panell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2024

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