Opinion
October 27, 1997
Appeal from Supreme Court, Queens County (Goldstein, J.).
Ordered that the order is affirmed, with costs.
General Municipal Law § 50-e (2) provides that a notice of claim must set forth, inter alia, the time when, the place where, and the manner in which a tort claim against a municipality arise ( see Altmayer v. City of New York, 149 A.D.2d 638, 639). The requirements of the statute are met when the notice describes the accident with sufficient particularity so as to enable the defendant to conduct a proper investigation thereof and to assess the merits of the claim ( see Altmayer v. City of New York, supra, at 639; Faubert v. City of New York, 250 N.Y. 332, 334; Levine v City of New York, 111 A.D.2d 785).
General Municipal Law § 50-e 6 provides that a "mistake, omission, irregularity of defect"in the notice of claim may be "corrected, supplied or disregarded" in the court's discretion, provided that two conditions have been met; first, the mistake, omission, irregularity, or defect must be made in good faith and second, it must appear that the public corporation was not prejudiced thereby ( see D'Alessandro v. New York City Tr. Auth., 83 N.Y.2d 891; Caselli v. City of New York, 105 A.D.2d 251, 253-254).
In the instant case, the omission was made in good faith and there is no evidence that the defendant suffered prejudice.
Accordingly, the defendant's motion was properly denied.
Miller, J.P., Pizzuto, Altman and Goldstein, JJ., concur.