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In the Matter of Berko v. City of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2003
302 A.D.2d 594 (N.Y. App. Div. 2003)

Opinion

2002-03944

Submitted January 31, 2003.

February 24, 2003.

In a proceeding pursuant to General Municipal Law § 50-e, the petitioners appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), entered April 4, 2002, which denied their motion for leave to amend notices of claim.

Wohlberg Wohlberg, P.C., Brooklyn, N.Y. (Alan J. Wohlberg of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Mordecai Newman of counsel; Eyal Eisig on the brief), for respondent City of New York.

Before: GABRIEL M. KRAUSMAN, J.P., ROBERT W. SCHMIDT, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is granted, and the petitioners' amended notices of claim will be deemed served upon service on the respondents of a copy of this decision and order.

The petitioners moved by order to show cause pursuant to General Municipal Law § 50-e(6) for leave to serve amended notices of claim upon the respondents in order to correct the date of the accident stated in their original notices of claim. The date contained a typographical error of one year earlier. The error was not made in bad faith. Furthermore, the respondents have not demonstrated any actual prejudice, and there is no reason to presume the existence of prejudice from this record. Accordingly, under the facts of this case, the petitioners' motion should have been granted (see Formanek v. New York City Hous. Auth., 197 A.D.2d 664; Zinnamon v. City of New York, 197 A.D.2d 618; Tucker v. Long Is. R. R., Co., 128 A.D.2d 517).

KRAUSMAN, J.P., SCHMIDT, CRANE and RIVERA, JJ., concur.


Summaries of

In the Matter of Berko v. City of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2003
302 A.D.2d 594 (N.Y. App. Div. 2003)
Case details for

In the Matter of Berko v. City of N.Y

Case Details

Full title:IN THE MATTER OF BERNARD BERKO, ET AL., appellants, v. CITY OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 24, 2003

Citations

302 A.D.2d 594 (N.Y. App. Div. 2003)
755 N.Y.S.2d 635

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