Opinion
October 15, 1998
Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).
We agree with the motion court that plaintiff's proposed amendment to his notice of claim to indicate that the bus with which he collided was moving, and not standing still as he had previously claimed in his bill of particulars, deposition, and comptroller's hearing testimony, would prejudice defendants ( see, Brown v. New York City Tr. Auth., 172 A.D.2d 178). The proposed amendment is particularly prejudicial because discovery has been completed and plaintiff's previous version was consistent with that of the driver of the bus involved in the accident.
Concur — Sullivan, J.P., Wallach, Williams and Saxe, JJ.