Byrnes 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 April 9, 1997, which denied its motion, inter alia, for summary judgment dismissing the complaint and granted the plaintiff’s cross motion to amend the notice of claim and the complaint to add a cause of action under General Municipal Law § 205-a.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the appellant’s motion which was to dismiss the plaintiff’s common-law cause of action, and…