| Matter of Sykes v City of New York |
| 2016 NY Slip Op 03673 [139 AD3d 468] |
| May 10, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Marcus Sykes,
Appellant, v City of New York et al., Respondents. |
Block O'Toole & Murphy, LLP, New York (David L. Scher of counsel), for appellant.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York (I. Elie Herman of counsel), for respondents.
Judgment, Supreme Court, New York County (Frank P. Nervo, 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.