Opinion
Submitted January 19, 2000
February 28, 2000
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated March 30, 1999, which granted the defendant's motion for summary judgment dismissing the complaint and denied her cross motion for leave to amend her notice of claim.
Goidel Siegel, LLP, New York, N.Y. (Jonathan M. Goidel and Susan R. Nudelman of counsel), for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Jane S. Earle of counsel; Zvi Ostrin on the brief), for respondent.
CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is denied, the complaint is reinstated, and the cross motion is granted.
General Municipal Law § 50-e(6) provides that a good faith "mistake, omission, irregularity or defect" in a notice of claim may be corrected in the court's discretion, as long as the defendant is not thereby prejudiced (see, Cyprien v. New York City Tr. Auth., 243 A.D.2d 673; Matter of Santarpia v. City of New York, 231 A.D.2d 726 ; Halali v. City of New York, 213 A.D.2d 449 ). Here, the defendant would not be prejudiced by the plaintiff's proposed amendment (see, Cyprien v. New York City Tr. Auth., supra).