Legal Opinion

Donaldson v. New York City Housing Authority

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 2012PublishedCited by 2 opinions

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

  1. Scott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  2. Torres v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  3. Santana v. New York City Transit AuthoriyAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. Buren v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  2. Sinclair v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025

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