FORMANEK v. NEW YORK CITY HOUSING AUTHORITY

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.