Practice point: On a motion to dismiss for failure to comply with General Municipal Law § 50-e[2], a defendant meets its burden by establishing that plaintiff failed to correctly identify the accident location.
Practitioners should note, however, that a court may, in its discretion, allow a mistaken notice of claim to be corrected as long as the mistake was made in good faith and the public corporation was not prejudiced thereby, pursuant to General Municipal Law § 50-e[6].
Case: Ming v. City of New York, NY Slip Op 07223 (2d Dept. 2008)
The opinion is here.
