Matter of Rodriguez v. City of New York

Full title: In the Matter of LUCY RODRIGUEZ, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: May 28, 1996

227 A.D.2d 628 (N.Y. App. Div. 1996)

643 N.Y.S.2d 393

Opinion

May 28, 1996

Appeal from the Supreme Court, Kings County (Bernstein, J.).

Ordered that the appeal from the order dated October 5, 1994, is dismissed, as that order was superseded by the order dated December 14, 1994, made upon reargument; and it is further,

Ordered that the order dated December 14, 1994, is affirmed insofar as reviewed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The Supreme Court properly exercised its discretion in denying the application to serve an amended notice of claim ( see, General Municipal Law § 50-e; Serrano v. City of New York, 143 A.D.2d 652, 653). O'Brien, J.P., Santucci, Joy and Florio, JJ., concur.