| Estrella v New York City Tr. Auth. |
| 2004 NY Slip Op 03021 [6 AD3d 305] |
| April 22, 2004 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jose Estrella et al., Respondents, v New York City Transit Authority, Appellant, et al., Defendant. |
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Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered June 16, 2003, which granted plaintiffs' motion to amend the complaint to add a cause of action under General Municipal Law § 205-e, unanimously affirmed, without costs.
The motion was properly granted upon a record showing that the facts underlying the amendment were made known to defendant-appellant at an early stage of the action, and where the amendment seeks only to add a new theory of liability based on those facts (see Falk v National Union Fire Ins. Co., 249 AD2d 238 [1998]). Concur—Tom, J.P., Saxe, Ellerin and Lerner, JJ.