Matter of Sykes v. City of New York

Appellate Division of the Supreme Court of New York

Matter of Sykes v. City of New York

139 A.D.3d 468, 29 N.Y.S.3d 797

Appellate Division of the Supreme Court of the State of New York·Decided May 10, 2016·No. 159428/14 1107 1106·Published

Opinion

Judgment, Supreme Court, New York County (Frank P. Ñervo, 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.

Concur — Friedman, J.P., Acosta, Moskowitz, Kapnick and Gesmer, JJ.

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Judgment, Supreme Court, New York County (Frank P. Ñervo, 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.

Concur — Friedman, J.P., Acosta, Moskowitz, Kapnick and Gesmer, JJ.

Matter of Sykes v. City of New York, 139 A.D.3d 468, 29 N.Y.S.3d 797 (N.Y. Ct. App. 2016).

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