Formanek v. New York City Housing Authority

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

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

Date published: Oct 25, 1993

197 A.D.2d 664 (N.Y. App. Div. 1993)

603 N.Y.S.2d 15

Opinion

October 25, 1993

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

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.