Legal Opinion

Simms v. City of New York

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

Decided August 22, 1994PublishedCited by 5 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), dated March 25, 1992, which denied their motion to amend their notice of claim pursuant to General Municipal Law § 50-e (6).

Ordered that the order is affirmed, with costs.

Pursuant to General Municipal Law § 50-e (6), the court, in its discretion, may permit a party to amend its notice of claim to correct a mistake, provided that the other party is not prejudiced thereby. In the case at bar, the plaintiffs’ original notice of claim, served in…

2Cases cited2 opinions

  1. Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  2. Charles v. New York City Transit AuthorithyAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. Flanagan v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1997
  2. Mercado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  3. Archon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  4. Cavanagh v. Monticello Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1997
  5. De Los Santos v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995

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