Opinion
2001-04804
Argued June 13, 2002
August 12, 2002
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Berke, J.), dated April 30, 2001, as denied that branch of their motion which was for leave to amend their notice of claim, complaint, and bill of particulars, and the defendant cross-appeals, as limited by its brief, from so much of the same order as granted that branch of the plaintiffs' motion which was to compel it to disclose the name and address of a nonparty tenant.
Jonah Grossman, New York, N.Y. (Lawrence B. Lame of counsel), for appellants-respondents.
Herzfeld Rubin, P.C., New York, N.Y. (Herbert Rubin, David B. Hamm, and Noreen M. Giusti of counsel), for respondent-appellant.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
The plaintiffs moved pursuant to General Municipal Law § 50-e(6) for leave to serve an amended notice of claim to add an additional apartment located in another building owned by the New York City Housing Authority (hereinafter the Authority), as a source of the infant plaintiff's alleged lead-paint poisoning. The new location would have substantially altered the plaintiffs' claims. Amendments of a substantive nature are not within the purview of General Municipal Law § 50-e(6) (see Steinberg v. Village of Garden City, 247 A.D.2d 463, 464; Herron v. City of New York, 223 A.D.2d 676). Under the circumstances, the Supreme Court properly exercised its discretion in denying the plaintiffs' motion.
Further, the Supreme Court providently exercised its discretion in granting that branch of the plaintiffs' motion which was to compel the Authority to disclose the identity of the prior tenant of the plaintiffs' apartment (see Allen v. Crowell-Collier Pub. Co., 21 N.Y.2d 403).
O'BRIEN, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.