Capo v. City of New York

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered February 28, 1989, which granted plaintiffs’ motion for leave to file an amended notice of claim, unanimously affirmed, without costs and without disbursements.

The infant plaintiff was allegedly bitten by a pit bull on July 9, 1988 at a New York City Housing Authority project in the Bronx. A timely notice of claim was filed, stating the location of the incident to be 1774 Macombs Road. The Housing Authority responded by letter of October 18, 1988, stating that it did not own, operate, or control the stated premises. Less than…