November 17, 2022 – M&H Wins Reversal And Reinstatement Of Case Against The City Of New York In Novel Application Of Prior Written Notice Law

The Appellate Division, First Judicial Department, in accordance with M&H’s arguments on appeal, reversed the trial court’s CPLR 3221(a)(7) dismissal, determining that the failure to allege prior written notice in the bill of particulars was not fatal because, in opposing the dismissal motion, Plaintiff had submitted a Big Apple Map establishing such notice and, as such, the pleadings would be “deemed amended to allege that the City had prior written notice.”

Bchakjan v. The City of New York