Sykes v. City of N.Y.

Full title: In re Marcus Sykes, Petitioner-Appellant, v. City of New York, et al.…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: May 10, 2016

139 A.D.3d 468 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 3673

29 N.Y.S.3d 797

Opinion

159428/14, 1107, 1106.

05-10-2016

In re Marcus SYKES, Petitioner–Appellant, v. CITY OF NEW YORK, et al., Respondents–Respondents.

Block O'Toole & Murphy, LLP, New York (David L. Scher of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, New York (I. Elie Herman of counsel), for respondents.

Block O'Toole & Murphy, LLP, New York (David L. Scher of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (I. Elie Herman of counsel), for respondents.

Opinion

Judgment, Supreme Court, New York County (Frank P. Nervo, J.), entered March 17, 2015, denying the petition for leave to amend the notice of claim, and dismissing the proceeding unanimously reversed, on the law, the facts and the exercise of discretion, without costs, and the petition granted. Appeal from order, same court and Justice, entered on or about August 7, 2015, which denied petitioner's motion for leave to “reargue,” unanimously dismissed, without costs, as academic.

The notice of claim gave respondents notice of the incident giving rise to the claim and identified witnesses as well as the location.

FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, KAPNICK, GESMER, JJ., concur.