Centeno v. City of New York

Full title: CEFERINA CENTENO, Appellant, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 13, 1996

224 A.D.2d 268 (N.Y. App. Div. 1996)

637 N.Y.S.2d 415

Opinion

February 13, 1996

Appeal from the Supreme Court, New York County (Salvador Collazo, J.).

Plaintiff's motion to amend her notice of claim, made over three years after the accident, was properly denied, defendant having already conducted and completed an investigation at the incorrect site set forth in the notice of claim. Where the municipality is misled by the erroneous notice of claim to conduct an investigation at the wrong site, this circumstance alone results in serious prejudice ( Matter of Adlowitz v. City of New York, 205 A.D.2d 369).

Concur — Murphy, P.J., Sullivan, Rubin, Ross and Tom, JJ.