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Belknap v. City of Yonkers

228 A.D. 655 Court N.Y. App. Div. English

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p. 655
Edith B. Belknap, Respondent, v. City of Yonkers, Appellant.

— Judgment and order reversed upon the law and new trial granted, costs to abide the event. Under the circumstances disclosed by the record, we are of opinion that the court erred in permitting an amendment to the complaint to include alleged injuries not stated in plaintiff’s notice of claim or in her complaint, which injuries were net connected in any way with those originally stated. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.