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Pollicino v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 750 (N.Y. App. Div. 1996)

Opinion

March 25, 1996

Appeal from the Supreme Court, Kings County (Hutcherson, J.).


Ordered that the order is affirmed, with costs.

The purpose of the statutory notice-of-claim requirement of General Municipal Law § 50-e is to provide a public corporation with an adequate opportunity to investigate the circumstances surrounding the accident and to explore the merits of the claim while information is still readily available ( see, Barno v New York City Hous. Auth., 185 A.D.2d 292; Mazza v City of New York, 112 A.D.2d 921). Prompt and accurate information is especially important in cases involving a defective condition which is transitory in nature, as was alleged in this case ( see, Barno v New York City Hous. Auth., supra; Fendig v City of New York, 132 A.D.2d 520). The plaintiff sought to amend the notice of claim to correct the date of the accident nearly four-and-one-half years after the accident. The defendant would be prejudiced by such a long delay. Thus, the Supreme Court properly exercised its discretion in denying the amendment, and the complaint was properly dismissed ( see, General Municipal Law § 50-e; Mercado v City of New York, 208 A.D.2d 910; Toro v City of New York, 196 A.D.2d 864; Barno v New York City Hous. Auth., supra). Mangano, P.J., Thompson, Friedmann, Florio and McGinity, JJ., concur.


Summaries of

Pollicino v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1996
225 A.D.2d 750 (N.Y. App. Div. 1996)
Case details for

Pollicino v. New York City Transit Authority

Case Details

Full title:SCOTT POLLICINO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

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

Date published: Mar 25, 1996

Citations

225 A.D.2d 750 (N.Y. App. Div. 1996)
640 N.Y.S.2d 168

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