Practice point: The plaintiff allegedly was injured when the
vehicle she was driving struck a raised sewer
cap. While the plaintiff's notice of claim, complaint, and bill of
particulars alleged that the accident occurred on Narrows Road North at
the intersection of Targee Street, an amended bill of particulars
alleged that the accident occurred on Narrows Road North between Rhine
Avenue and Targee Street. The Appellate Division affirmed the denial of the defendants' motion to dismiss
the complaint on the ground that the
notice of claim did not accurately describe the location of the
accident. The defendants failed to establish that they were prejudiced by any
inaccuracy in the description of the location of the accident in the
notice of claim.
Student note: Pursuant to General Municipal Law § 50-e(6), the Supreme Court
had the discretion to allow the plaintiff to correct a mistake or supply
an omission in the notice of claim at any time, and at any stage of the
action.
Case: Miller v. City of New York, NY Slip Op 07479 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Driving a vehicle without the owner's permission.
