Scheel v. City of Syracuse
This text of 97 A.D.2d 978 (Scheel v. City of Syracuse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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.
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Cite This Page — Counsel Stack
97 A.D.2d 978, 468 N.Y.S.2d 786, 1983 N.Y. App. Div. LEXIS 20826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scheel-v-city-of-syracuse-nyappdiv-1983.