Opinion
2001-05261
Submitted February 6, 2002.
March 5, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated February 20, 2001, which granted the motion of the defendant City of New York to dismiss the complaint insofar as asserted against it, and denied their cross motion for leave to amend the notice of claim.
Geller Hausman, PLLC, Hartsdale, N.Y. (Richard L. Geller of counsel), for appellants.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Alan Beckoff of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court properly granted the motion of the defendant City of New York to dismiss the complaint insofar as asserted against it, and denied the plaintiffs' cross motion for leave to amend the notice of claim (see, Taylor v. New York City Hous. Auth., 248 A.D.2d 376; Eherts v. County of Orange, 215 A.D.2d 524).
ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.