Chechelnitskaya v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated April 6, 2001, which denied her motion pursuant to General Municipal Law § 50-e (6) for leave to amend her notice of claim.
Ordered that the order is affirmed, with costs.
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…
2Cases cited4 opinions
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Zapata v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Illera v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
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- O'Halloran v. City of New YorkNew York Supreme Court · 2003
- Stephenson v. City of New YorkNew York Supreme Court · 2005
- Marino v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2004