From Casetext: Smarter Legal Research

Yerdon v. Baldwinsville Academy

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1972
39 A.D.2d 824 (N.Y. App. Div. 1972)

Opinion

May 25, 1972

Appeal from the Onondaga Special Term.

Present — Del Vecchio, J.P., Marsh, Moule, Cardamone and Henry, JJ.


Order insofar as appealed from unanimously reversed, with costs, and motion granted. Memorandum: Leave to serve amended bills of particulars and complaints "in the absence of a showing of prejudice should be freely granted" ( Kerlin v. Green, 36 A.D.2d 892). The amendments here sought are not the addition of a new and different cause of action which would prejudice the defendants and the mere lapse of time without more is not sufficient ground for denial of the motion for leave to amend (see Matter of McNally v. Mosbacher, 36 A.D.2d 522; Smith v. University of Rochester Med. Center, 32 A.D.2d 736). The notice of claim was broad enough to allow a recovery based upon a negligent nonuse of gym mats. Although the court's power to grant amendments to notices of claim (General Municipal Law, § 50-e, subd. 6) may not be as broad as its power to grant amendments to pleadings (CPLR 3025, subd. [b]), the motion to amend merely sought to allege more specifically an act of negligence and should have been allowed (see Matter of Powell v. Town of Gates, 36 A.D.2d 220).


Summaries of

Yerdon v. Baldwinsville Academy

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1972
39 A.D.2d 824 (N.Y. App. Div. 1972)
Case details for

Yerdon v. Baldwinsville Academy

Case Details

Full title:STEPHEN YERDON, an Infant, by EARL YERDON, His Natural Parent, et al.…

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

Date published: May 25, 1972

Citations

39 A.D.2d 824 (N.Y. App. Div. 1972)

Citing Cases

Oliver v. New York City Housing Authority

Amending the Notice of Claim to assert a reason the door failed to lock merely adds specificity to Oliver's…

Murtha v. Town of Huntington

The mere lapse of time is not a sufficient ground for denial of leave to amend a notice of claim. Yerdon v.…