Verley v. City of New York

Order, entered March 23, 1960, denying plaintiff’s motion for leave to amend her notice of claim and to strike out paragraph “ Third ” of defendant’s answer, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion granted, with $10 costs. The written notice of claim filed by the compensation insurance carrier, which itself had a contingent interest in plaintiff’s cause of action by virtue of subdivisions 1 and 2 of section 29 of the Workmen’s Compensation Law, was sufficient also to constitute a notice of…