Canelos v. City of New York, 37 A.D.3d 637 (N.Y. App. Div. 2d Dep't 2007). · Go Syfert
Canelos v. City of New York, 37 A.D.3d 637 (N.Y. App. Div. 2d Dep't 2007). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Cited for
At page 638 Determining notice of claim sufficiency and prejudice10 citing casesfinding a Notice of Claim providing an incorrect location was prejudicial1 citing court put it this way
  • Lieder v. City of New York, No. 24-3071 (2d Cir. Nov. 6, 2025).unpublished
    (finding a Notice of Claim providing an incorrect location was prejudicial)
  • Generoso v. MTA Bus Co., 242 A.D.3d 1060 (N.Y. App. Div. 2d Dep't 2025).published 2 cites
    Auth. , 150 AD3d 1164, 1164, quoting Canelos v City of New York , 37 AD3d 637, 638).
  • Puello v. New York City Hous. Auth., 150 A.D.3d 1164 (N.Y. App. Div. 2d Dep't 2017).published
    The test of the sufficiency of a notice of claim is whether it includes information sufficient to enable the public entity to “locate the place, fix the time, and understand the nature of the accident” (Canelos v City of New York, 37 AD3d…
  • Murtha v. Town of Huntington, 120 A.D.3d 480 (N.Y. App. Div. 2d Dep't 2014).published
    A court may, in its discretion, grant a motion for leave to amend a notice of claim which has been served where it determines that two conditions have been met: first, the mistake, omission, irregularity, or defect must have been made in g…
  • Roberson v. New York City Hous. Auth., 89 A.D.3d 714 (N.Y. App. Div. 2d Dep't 2011).published
    Auth., 83 NY2d 891, 893 [1994]; Canelos v City of New York, 37 AD3d 637, 638 [2007]; Cyprien v New York City Tr.
  • Weed v. Cnty. of Orange, 82 A.D.3d 967 (N.Y. App. Div. 2d Dep't 2011).published
    The notice of claim served by the plaintiff on the County sufficiently indicated the place, time, and nature of the accident, and enabled the County to timely and effectively investigate the claim (see generally Rosenbaum v City of New Yor…
  • Parker v. New York City Hous. Auth., 81 A.D.3d 964 (N.Y. App. Div. 2d Dep't 2011).published
    The proposed notice of claim and the petitioner’s affidavit did not provide a sufficient description of the location of the accident to allow NYCHA to investigate the allegations contained in the notice of claim (see General Municipal Law…
  • Pelaez v. City of New York, 79 A.D.3d 1115 (N.Y. App. Div. 2d Dep't 2010).published
    A motion for leave to amend a notice of claim may be granted provided that the error in the original notice of claim was made in good faith and the municipality has not been prejudiced thereby (see General Municipal Law § 50-e [6]; Canelos…
  • Parker-Cherry v. New York City Hous. Auth., 62 A.D.3d 845 (N.Y. App. Div. 2d Dep't 2009).published
    The test of the sufficiency of a notice of claim is whether the public entity is able to “locate the place, fix the time, and understand the nature of the accident” (Canelos v City of New York, 37 AD3d 637, 638 [2007]; Palmieri v New York…
  • Atwater v. Cnty. of Suffolk, 50 A.D.3d 713 (N.Y. App. Div. 2d Dep't 2008).published
    The test of the sufficiency of a notice of claim is whether the public entity is able to “locate the place, fix the time, and understand the nature of the accident” (Canelos v City of New York, 37 AD3d 637, 638 [2007]).
At page 637 Determining sufficiency of notice of claim for personal injury2 citing casesIn an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), dated January 30,…opening of page *637 (no citing court says what it cites this page for)
  • Castro v. City of New York, 45 Misc. 3d 805 (N.Y. Sup. Ct. 2014).published
    General Municipal Law § 50-e (2) requires that a notice of claim “be in writing, sworn to by or on behalf of the claimant, and shall set forth: (1) the name and post-office address of each claimant, and of his attorney, if any; (2) the nat…
  • Kim L. v. Port Jervis City Sch. Dist., 40 A.D.3d 1042 (N.Y. App. Div. 2d Dep't 2007).published
    In determining whether there has been compliance with the requirements of General Municipal Law § 50-e (2), a court must focus on whether, based on the plaintiffs’ description, the relevant authorities can locate the place, fix the time, a…
Retrieving the full opinion text from the archive…
Marlene Canelos
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
Feb 20, 2007.
Published opinion
37 A.D.3d 637
Cited by 22 opinions  |  Published

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), dated January 30, 2006, which, inter alia, denied her motion for leave to serve an amended notice of claim, an amended complaint, and an amended bill of particulars in order to reflect the correct location of the subject accident, and granted the defendants’ cross motion for summary judgment dismissing the complaint on the ground that the notice of claim was inadequate.

Ordered that the order is affirmed, with costs.

Approximately 22 months after sustaining injuries in a trip- and-fall accident allegedly due to a defective sidewalk condition at a bus stop, the plaintiff sought, inter alia, leave to amend the original notice of claim, which had misidentified the street where the alleged sidewalk defect was located. The Supreme Court denied the plaintiffs motion and granted the defendants’ cross motion for summary judgment dismissing the complaint on the ground that the notice of claim was inadequate. We affirm.

The test of the sufficiency of a notice of claim is whether it includes information sufficient to enable the municipal agency[*638] to investigate the allegations contained in the notice of claim. In determining whether there has been compliance with the requirements of General Municipal Law § 50-e (2), we must focus on whether, based on the claimant’s description, the relevant municipal authorities can locate the place, fix the time, and understand the nature of the accident (see Brown v City of New York, 95 NY2d 389, 393 [2000]; O’Brien v City of Syracuse, 54 NY2d 353, 358 [1981]). General Municipal Law § 50-e (6) provides that “a mistake, omission, irregularity or defect” in the notice of claim may be “corrected, supplied or disregarded” in the court’s discretion, provided that the mistake, omission, irregularity, or defect was made in good faith, and the public corporation was not prejudiced thereby (see D ’Alessandro v New York City Tr. Auth., 83 NY2d 891, 893 [1994]; Palmieri v New York City Tr. Auth., 288 AD2d 361, 362 [2001]; Cyprien v New York City Tr. Auth., 243 AD2d 673 [1997]).

The plaintiffs mistaken description in her notice of claim of the location of the alleged sidewalk defect, together with the 22-month delay in seeking leave to amend the notice of claim, prejudiced the defendants by depriving them of the opportunity to conduct the type of prompt investigation envisioned by General Municipal Law § 50-e (see Serrano v City of New York, 143 AD2d 652 [1988]; Harper v City of New York, 129 AD2d 770 [1987]; Martire v City of New York, 129 AD2d 567 [1987]; Matter of Malla v City of New York, 129 AD2d 580 [1987]; Caselli v City of New York, 105 AD2d 251 [1984]).

Accordingly, the Supreme Court providently exercised its discretion in denying the plaintiffs motion for leave to serve an amended notice of claim, an amended complaint, and an amended bill of particulars, and, because the notice of claim did not properly identify the correct location of the accident site, in granting the defendants’ cross motion for summary judgment dismissing the complaint on the ground that the notice of claim was inadequate (see Ryan v County of Nassau, 271 AD2d 428 [2000]). Ritter, J.E, Santucci, Skelos and Dickerson, JJ., concur.