Monday, March 7, 2016

The sufficiency of a notice of claim.

Practice point:  The Appellate Division affirmed the denial of defendants' motion to dismiss and the granting of plaintiff's cross motion for leave to amend the notice of claim. The Appellate Division found that the motion court properly determined that the original notice of claim, together with the photographs provided by plaintiff showing broken cement barriers strewn over the sidewalk and roadway at the accident location, sufficiently set forth the location and manner of his accident to satisfy the requirements of General Municipal Law § 50-e(2), since they provided information sufficient to enable the city to investigate the claim.

Student note:  The amended notice of claim, clarifying the location and manner of the alleged accident, was properly permitted pursuant to General Municipal Law § 50-e(6), since the City did not show any prejudice, or assert that plaintiff acted in bad faith.

Case:  Weiss v. City of New York, NY Slip Op 01267 (1st Dep't 2016)

Here is the decision.

Tomorrow's issue:  An insured's delay in giving notice.