Romuleus v. City of New York

Full title: MARIE ROMULEUS, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Jan 6, 1994

200 A.D.2d 387 (N.Y. App. Div. 1994)

608 N.Y.S.2d 77

Opinion

January 6, 1994

Appeal from the Supreme Court, Bronx County (Lewis Friedman, J.).

The IAS Court properly granted summary judgment dismissing the complaint because defendant was prejudiced by plaintiff's failure to timely amend her notice of claim and her complaint for over two years after the date of the underlying accident (see, Caselli v. City of New York, 105 A.D.2d 251; see also, O'Hara v Tidewater Oil Co., 23 A.D.2d 870). Prejudice to the defendant was properly inferred by the IAS Court from the magnitude of the defect in the original papers in this case, resulting in defendant's inability to locate the site of the accident.

Concur — Sullivan, J.P., Carro, Rosenberger and Wallach, JJ.