Scarpino v. City of Rochester

Subdivision 6 of section 50-e of the General Municipal Law reads as follows6. At or before the trial of an action * * * a mistake, omission, irregularity or defect made in good faith in the notice of claim * * * not pertaining to the manner or time of service thereof, may be corrected * * * in the discretion of the court, provided it shall appear that the other party was not prejudiced thereby.” Here, the plaintiffs filed notices of claim against the City of Rochester in April, 1953. Now, more than two and one-half- years later, they seek to amend those notices as well as to amend their…