Torres v. City of New York

—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated November 7, 1997, which granted the plaintiffs motion to amend the notice of claim and complaint to change the date he allegedly sustained injuries, and denied its cross motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

The plaintiff served on the defendant a notice of claim sworn to on September 22, 1992, alleging that he…