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Matter of Kinard v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1966
26 A.D.2d 821 (N.Y. App. Div. 1966)

Opinion

October 10, 1966


In a special proceeding by a claimant for leave to amend a notice of claim, the respondent City of New York appeals from an order of the Supreme Court, Kings County, entered November 22, 1965, which granted the application. Order reversed, on the law, and motion denied, with $10 costs and disbursements. No questions of fact were considered. The amendment which was sought was to add a cause of action for malicious prosecution as an additional ground of claim against appellant. In our opinion, such amendment would be of a substantive nature and not within the purview of subdivision 6 of section 50-e Gen. Mun. of the General Municipal Law. It would be, in effect, the interposition of a new cause of action subsequent to the time limited by statute. Ughetta, Acting P.J., Christ, Brennan, Hill and Hopkins, JJ., concur.


Summaries of

Matter of Kinard v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1966
26 A.D.2d 821 (N.Y. App. Div. 1966)
Case details for

Matter of Kinard v. City of New York

Case Details

Full title:In the Matter of RICHARD KINARD, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Oct 10, 1966

Citations

26 A.D.2d 821 (N.Y. App. Div. 1966)

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