Sciolto v. New York City Transit Authority
Opinion of the Court
—Order, Supreme Court, New York County (Eileen Bransten, J.), entered June 8, 2000, which denied defendant’s motion to dismiss Peter Sciolto’s claims for loss of services and loss of consortium for failure to file a timely notice of claim, and which granted plaintiffs’ cross motion to serve an amended notice of claim to include such causes of action, unanimously affirmed, without costs.
Plaintiffs neglected to include the derivative claim for loss of consortium and loss of services in their original notice of claim, but did include such causes of action in their complaint. Thus, the court properly allowed plaintiffs to amend the notice of claim to include the derivative claims inadvertently omitted from the original notice. Defendant suffered no prejudice, since
Case-law data current through December 31, 2025. Source: CourtListener bulk data.