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Blank v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 577 (N.Y. App. Div. 1988)

Opinion

February 8, 1988

Appeal from the Supreme Court, Queens County (Lerner, J.).


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court, Queens County, did not abuse its discretion in granting the defendant's motion to dismiss the complaint and denying the plaintiffs' cross motion to amend their notice of claim based on prejudice to the defendant resulting from the failure of the plaintiffs to describe the location of the alleged accident with sufficient particularity until almost 14 months after the accident. This delay deprived the defendant of its right to a meaningful and adequate opportunity to investigate the accident and to evaluate the merits of the claim at a time when evidence and information with respect thereto remained readily available. Mollen, P.J., Lawrence, Eiber and Sullivan, JJ., concur.


Summaries of

Blank v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 577 (N.Y. App. Div. 1988)
Case details for

Blank v. City of New York

Case Details

Full title:LILLIAN BLANK et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: Feb 8, 1988

Citations

137 A.D.2d 577 (N.Y. App. Div. 1988)