Mercado v. City of New York

Full title: ROSA MERCADO et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: Oct 31, 1994

208 A.D.2d 910 (N.Y. App. Div. 1994)

617 N.Y.S.2d 876

Opinion

October 31, 1994

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the order is affirmed, with costs.

The plaintiffs moved to amend their notice of claim and their complaint so as to correct the date on which the plaintiff Rosa Mercado allegedly slipped and fell due to a dangerous and hazardous condition while crossing Hollis Court Boulevard in Queens County.

In view of a number of substantive discrepancies in the record as to the date and location of the injured plaintiff's accident, and the lack of specificity as to the accident site, the Supreme Court properly denied, as prejudicial to the defendant, the plaintiffs' motion for leave to amend and correct their notice of claim and complaint more than two years after the accident (see, Simms v. City of New York, 207 A.D.2d 480; Adlowitz v. City of New York, 205 A.D.2d 369; Toro v. City of New York, 196 A.D.2d 864; Frankfort v. City of New York, 159 A.D.2d 680). Santucci, J.P., Joy, Krausman and Goldstein, JJ., concur.