Doe v. Rochester City School District

I respectfully dissent. The service of a notice of claim is a condition precedent to suit. “The primary purpose served by the notice is prompt investigation and preservation of evidence of the facts and circumstances out of which claims arise” (Matter of Ziecker v Town of Orchard Park, 70 AD2d 422, 427 [1979], affd 51 NY2d 957 [1980]). A notice of claim may be amended only to correct good faith and nonprejudicial technical mistakes, omissions, or defects, but it may not *1764be amended to substantively change the nature of the claim (.see General Municipal Law § 50-e [6]). It is well settled that…