Practice point: A motion for leave to amend a notice of claim will be granted if the error was made in good faith and the municipality has not been prejudiced, pursuant to General Municipal Law § 50-e[6].
Students should note that the fact that, nine months after the accident, plaintiff gave the correct building address in the complaint and bill of particulars does not mitigate the prejudice.
Case: Pelaez v. City of New York, NY Slip Op 09900 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Employment Law.
