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BURNES v. CITY OF NEW YORK

Index No. 161477/21. Appeal No. 817. Case No. 2022-04292.

220 A.D.3d 505 (2023)

198 N.Y.S.3d 307

2023 NY Slip Op 05221

Leon Burnes, Appellant, v. City of New York et al., Respondents.

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

Decided October 17, 2023.

Attorney(s) appearing for the Case

Michelstein & Ashman, PLLC, New York ( Gil Winokur of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jonathan A. Popolow of counsel), for respondents.

Concur—Webber, J.P., Oing, Gesmer, Rodriguez, Rosado, JJ.

Order, Supreme Court, New York County (Machelle Sweeting, J.), entered June 7, 2022, which denied in part plaintiff's motion for leave to amend and supplement the notice of claim, nunc pro tunc, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff moved to amend his notice of claim in order to describe more specifically the structure that caused his accident. Supreme Court denied plaintiff's motion to amend the notice of claim pursuant...

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