Legal Opinion
Zapata v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1996PublishedCited by 17 opinions
1Opinion of the Court
A court may, in its discretion, grant an application for leave to serve an amended notice of claim (see, General Municipal Law § 50-e [6]) where it determines that two conditions are met: first the mistake, omission, irregularity, or defect in the original notice must have been made in good faith, and second, it must appear that the public corporation has not been prejudiced thereby (see, Illera v New York City Tr. Auth., 181 AD2d 658).
There is nothing in the record to suggest that the original notice of claim was prepared and served in bad faith. Thus, our determination must turn on the…
2Cases cited2 opinions
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Illera v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by17 opinions
- Richard v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2002
- Gofman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Earle v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1998
- Turner v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2000
- Wai Man Hui v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1999
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