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Crystal Donaldson v. New York City Housing Authority

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 24, 2012

CRYSTAL DONALDSON,
PETITIONER-RESPONDENT,
v.
NEW YORK CITY HOUSING AUTHORITY,
RESPONDENT-APPELLANT.

Donaldson v New York City Hous. Auth.

Decided on January 24, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Friedman, DeGrasse, Richter, Manzanet-Daniels, JJ.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered October 6, 2010, which, in an action for personal injuries, granted plaintiff's motion for leave to amend the notice of claim, unanimously reversed, on the law and the facts, without costs, and the motion denied.

Leave to amend the notice of claim pursuant to General Municipal Law § 50-e(6) was improperly granted since the statute only "authorizes the correction of good faith, non-prejudicial, technical defects or omissions, not substantive changes in the theory of liability" (Scott v City of New York, 40 AD3d 408, 410 [2007]). Plaintiff's proposed amendment impermissibly sought to change the theory of liability from a slip and fall on the sidewalk outside defendant's building due to an accumulation of snow/ice, to a slip and fall due to a wet metal weather strip located on the threshold of the building's front door (see Santana v New York City Tr. Auth., 88 AD3d 539 [2011]; Torres v New York City Hous. Auth., 261 AD2d 273 [1999], lv denied 93 NY2d 816 [1999]). Moreover, the prejudice to defendant is apparent inasmuch as the original notice of claim was insufficient to allow defendant to conduct a meaningful investigation of plaintiff's amended claim (see Santana at 540).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 24, 2012

CLERK

20120124

© 1992-2012 VersusLaw Inc.



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