| Ritchie v Felix Assoc., LLC |
| 2009 NY Slip Op 01519 [60 AD3d 402] |
| March 3, 2009 |
| Appellate Division, First Department |
| Brian Ritchie et al., Respondents, v Felix Associates, LLC,et al., Appellants, et al., Defendants. (And a Third-Party Action.) |
—[*1] Herman M. Goldberg & Associates, LLC, New York (Jeffrey J. Shapiro of counsel), forrespondents.
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered August 20, 2008,which, in an action for personal injuries sustained by plaintiff Brian Ritchie when he tripped andfell as he stepped off an allegedly improperly constructed sidewalk curb, granted plaintiffs'motion for leave to amend the notice of claim, complaint and all subsequent pleadings to correctthe date of the accident from March 15, 2005 to March 2, 2005, and denieddefendants-appellants' cross motion to amend the answer of defendant City of New York and forsummary judgment dismissing the complaint and cross claims based on plaintiffs' failure tosatisfy the requirements of General Municipal Law § 50-e (2), unanimously affirmed,without costs.
The court providently exercised its discretion in granting plaintiffs' motion (seeGeneral Municipal Law § 50-e [6]). Although three years passed between the date of theaccident and the subject motion, the record does not demonstrate any lack of good faith onplaintiffs' part. Furthermore, given that discovery in this action has not commenced, defendantsfail to demonstrate any actual prejudice, nor is there any apparent prejudice to them given thenon[*2]transitory nature of the defect (see Matter of Puzio v City of NewYork, 24 AD3d 679 [2005]; Fabian v New York City Tr. Auth., 271 AD2d 244[2000]). Concur—Mazzarelli, J.P., Gonzalez, Sweeny, McGuire and DeGrasse, JJ.[See 2008 NY Slip Op 32340(U).]