General
In the Matter of Marcus Sykes, Appellant, v. City of New York et al., Respondents
139 A.D.3d 46829 N.Y.S.3d 797·New York Supreme Court, Appellate Division·2016·NY
Concur — Friedman, J.P., Acosta, Moskowitz, Kapnick and Gesmer, JJ.
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Opinion
In the Matter of Marcus Sykes, Appellant, v City of New York et al., Respondents.
[29 NYS3d 797]
[MAJORITY]
Judgment, Supreme Court, New York County (Frank P. Ñervo, J.), entered March 17, 2015, denying the petition for leave to amend the notice of claim, and dismissing the proceeding unanimously reversed, on the law, the facts and the exercise of discretion, without costs, and the petition granted. Appeal from order, same court and Justice, entered on or about August 7, 2015, which denied petitioner’s motion for leave to “reargue,” unanimously dismissed, without costs, as academic.
The notice of claim gave respondents notice of the incident giving rise to the claim and identified witnesses as well as the location.
Concur — Friedman, J.P., Acosta, Moskowitz, Kapnick and Gesmer, JJ.