Legal Opinion

Lopez v. City of New York

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

Decided October 29, 2001PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Levine, J.), dated October 2, 2000, which denied her motion for leave to amend her notice of claim, and granted the defendant’s cross motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

A court may, in its discretion, grant an application for leave to amend a notice of claim (see, General Municipal Law § 50-e [6]) where the mistake, omission, irregularity, or defect in the original notice was made in good faith, and it appears that the…

2Cases cited9 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. D'Alessandro v. New York City Transit AuthorityNew York Court of Appeals · 1994
  4. Levine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  5. Cyprien v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by4 opinions

  1. Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  2. Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
  3. Rankine v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  4. Siegel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002

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