Legal Opinion
Ruggiero v. Suffolk County Police
Appellate Division of the Supreme Court of the State of New York
Decided May 10, 2004PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated June 25, 2003, which denied her motion pursuant to General Municipal Law § 50-e (6) for leave to amend her notice of claim.
Ordered that the order is affirmed, with costs.
The new theories of recovery contained in the plaintiff’s proposed amended notice of claim would have substantially altered the nature of her claims. Amendments of a substantive nature are not within the purview of General Municipal Law § 50-e (6) (see Richard v Town of…
2Cases cited2 opinions
- White v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- Richard v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by2 opinions
- Oschepkova v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Niewojt v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 2010