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Ames v. City

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 625 (N.Y. App. Div. 2001)

Opinion

Submitted January 31, 2001

February 26, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated January 26, 2000, which granted the defendant's motion for summary judgment dismissing the complaint for failure to comply with General Municipal Law § 50-e(2).

Preston Wilkins, New York, N.Y. (Gregory R. Preston of counsel), for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Jane L. Gordon of counsel), for respondent.

Before: BRACKEN, ACTING P.J., S. MILLER, McGINITY and SCHMIDT, JJ., concur.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff's notice of claim did not comply with General Municipal Law § 50-e(2), as it failed to identify the location of the accident with sufficient particularity to enable the defendant to locate the alleged defect and conduct a meaningful investigation (see, Bayer v. City of Long Beach, 275 A.D.2d 433; Berfas v. Town of Oyster Bay, 274 A.D.2d 490; Wai Man Hui v. Town of Oyster Bay, 267 A.D.2d 233). The notice of claim alleged that the plaintiff fell due to a defect at "South Road, between Waltham and Sutphin Boulevard" in Queens. Since the plaintiff failed to respond to the defendant's request for supplemental claim information and did not move to amend her notice of claim and her complaint for over two years after the accident, the Supreme Court providently exercised its discretion in granting the defendant's motion for summary judgment dismissing the complaint (see, Wai Man Hui v. Town of Oyster Bay, supra; Romuleus v. City of New York, 200 A.D.2d 387).

Contrary to the plaintiff's contention, the defendant's failure to allege a lack of compliance with General Municipal Law § 50-e in its answer did not constitute a waiver (see, Cappadonna v. New York City Tr. Auth., 187 A.D.2d 691; Nicholas v. City of New York, 130 A.D.2d 470).


Summaries of

Ames v. City

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 625 (N.Y. App. Div. 2001)
Case details for

Ames v. City

Case Details

Full title:DARCY AMES, APPELLANT, v. CITY OF NEW YORK, RESPONDENT

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

Date published: Feb 26, 2001

Citations

280 A.D.2d 625 (N.Y. App. Div. 2001)
720 N.Y.S.2d 829

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