Scheel v. City of Syracuse — 97 A.D.2d 978

Majority

p. 978

In the Matter of Mary A. Scheel, Respondent, v City of Syracuse, Appellant.

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 NY 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 NY2d 646 ). (Appeal from order of Supreme Court, Onondaga County, McLaughlin, J. — amend

p. 979

notice of claim.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

Cases cited

Holmes v. City of New York 295 NY 615 N.Y. 1945-11-29 p. 978
Collins v. City of New York 55 NY2d 646 N.Y. 1981-11-19 p. 978

Statutes and regulations cited

General Municipal Law p. 978