Estrella v. New York City Transit Authority

6 A.D.3d 305, 775 N.Y.S.2d 139, 2004 N.Y. App. Div. LEXIS 4781

Opinion

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered June 16, 2003, which granted plaintiffs’ motion to amend the complaint to add a cause of action under General Municipal Law § 205-e, unanimously affirmed, without costs.

The motion was properly granted upon a record showing that the facts underlying the amendment were made known to defendant-appellant at an early stage of the action, and where the amendment seeks only to add a new theory of liability based on those facts (see Falk v National Union Fire Ins. Co., 249 AD2d 238 [1998]). Concur—Tom, J.P., Saxe, Ellerin and Lerner, JJ.