Haunss v. City of New York

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered December 20, 2011, which denied plaintiffs motion to renew, unanimously reversed, on the law, without costs, the motion granted and, upon renewal, the motion for leave to amend the notice of claim granted, insofar as it sought to allege that defendant caused and/or created the subject condition.

Supreme Court should have granted plaintiff’s motion to renew. There is no dispute that the motion was based upon “new facts” that were unavailable to plaintiff when she moved for leave to amend the notice of claim. It was only after…