AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

HAROLD FORMANEK, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

Ordered that the order is affirmed, with costs.

The plaintiff moved pursuant to General Municipal Law § 50-e (6) for leave to serve an amended notice of claim to correct the date of the accident listed in the original notice of claim. We find that the error was not made in bad faith. Furthermore, the defendant has not demonstrated any actual prejudice, nor is there any reason to presume the existence of prejudice from this record. Under the circumstances of this case, the court properly exercised its discretion in granting the plaintiff's motion (see, General Municipal Law § 50-e; Tucker v. Long Is. R.R. Co., 128 A.D.2d 517; cf., Toro v. City of New York, 196 A.D.2d 864). Bracken, J.P., Sullivan, Eiber and Pizzuto, JJ., concur.

Use AI to get other relevant cases.

Comments

FORMANEK v. NEW YORK CITY HOUSING AUTHORITY
(Oct 25, 1993)