Donaldson v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*551Leave to amend the notice of claim pursuant to General Municipal Law § 50-e (6) was improperly granted since the statute only “authorizes the correction of good faith, nonprejudicial, technical defects or omissions, not substantive changes in the theory of liability” (Scott v City of New York, 40 AD3d 408, 410 [2007]). Plaintiffs proposed amendment impermissibly sought to change the theory of liability from a slip and fall on the sidewalk outside defendant’s building due to an accumulation of snow/ice, to a slip and fall due to a wet metal weather strip located on the threshold of the…
2Cases cited3 opinions
- Scott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Torres v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Santana v. New York City Transit AuthoriyAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by2 opinions
- Buren v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Sinclair v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025