Matter of Scheel v. City of Syracuse

Full title: In the Matter of MARY A. SCHEEL, Respondent, v. CITY OF SYRACUSE, Appellant

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

Date published: Nov 4, 1983

97 A.D.2d 978 (N.Y. App. Div. 1983)

Opinion

November 4, 1983

Appeal from the Supreme Court, Onondaga County, McLaughlin, J.

Present — Doerr, J.P., Boomer, Green, O'Donnell and Schnepp, JJ.

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 N.Y. 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 N.Y.2d 646).