Scheel v. City of Syracuse

Appellate Division of the Supreme Court of New York

Scheel v. City of Syracuse

97 A.D.2d 978, 468 N.Y.S.2d 786, 1983 N.Y. App. Div. LEXIS 20826

Appellate Division of the Supreme Court of the State of New York·Decided November 4, 1983·Published·Cited by 3 cases

Opinion

Order unanimously affirmed, with costs. Memorandum: Since defendant was served with a notice of claim for personal injuries, no additional notice of claim for wrongful death was required (Holmes v City of New York, 269 App Div 95, affd 295 NY 615). Therefore, we see no abuse of discretion in Special Term’s order granting plaintiff leave to amend the notice of claim (pursuant to General Municipal Law, § 50-e, subd 6) to add a claim for wrongful death (see, also, Collins v City of New York, 55 NY2d 646). (Appeal from order of Supreme Court, Onondaga County, McLaughlin, J. — amend [979]*979notice of claim.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously affirmed, with costs. Memorandum: Since defendant was served with a notice of claim for personal injuries, no additional notice of claim for wrongful death was required (Holmes v City of New York, 269 App Div 95, affd 295 NY 615). Therefore, we see no abuse of discretion in Special Term’s order granting plaintiff leave to amend the notice of claim (pursuant to General Municipal Law, § 50-e, subd 6) to add a claim for wrongful death (see, also, Collins v City of New York, 55 NY2d 646). (Appeal from order of Supreme Court, Onondaga County, McLaughlin, J. — amend [979]*979notice of claim.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

Scheel v. City of Syracuse, 97 A.D.2d 978, 468 N.Y.S.2d 786, 1983 N.Y. App. Div. LEXIS 20826 (N.Y. Ct. App. 1983).

Pincite

97 A.D.2d 978 (Scheel v. City of Syracuse) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related