In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order the Supreme Court, Queens County (Braithewaite-Nelson, J.), dated January 5, 2007, as denied his motion for leave to amend the notice of claim and, in effect, upon renewal, vacated that portion of a prior order of the same court dated May 17, 2005 which denied that branch of the defendant’s motion which was to dismiss the complaint based on his failure to serve a proper notice of claim, and thereupon, granted that branch of the defendant’s motion.
Ordered that the order is affirmed insofar as appealed from, with costs.
In a notice of claim served on the defendant New York City Transit Authority, the plaintiff alleged that he was injured on November 12, 2002, at approximately 2:00 p.m., while trying to board a Manhattan-bound E train at the Jamaica Center/ Farsons Boulevard station in Queens. In his testimony at his General Municipal Law 50-h hearing, the plaintiff stated that the incident occurred on November 2, 2002 at approximately 12:00 a.m. In his bill of particulars, the plaintiff alleged that the incident occurred on November 12, 2002 at approximately 12:00 a.m. Based on these inconsistencies, the defendant moved to dismiss the complaint on the ground that the plaintiff had failed to serve a notice of claim stating the proper date, time, and location of the alleged occurrence. The plaintiff cross-moved for leave to amend the notice of claim to state the time of the incident as 12:00 a.m. The plaintiff averred that the correct date and time of the incident was November 12, 2002, at around 12:00 a.m., and that all pleadings and testimony to the contrary were mistaken. In an order dated May 17, 2005, the Supreme Court permitted the amendment, finding no bad faith by the plaintiff or prejudice to the defendant, and denied the defendant’s motion to dismiss.
In July 2006, after a note of issue and certificate of readiness had been filed, the plaintiff moved for leave to amend the notice
A notice of claim must set forth, inter alia, “the time when, the place where and the manner in which the claim arose” (General Municipal Law 50-e [2]). A court may, in its discretion, grant an application for leave to amend a notice of claim where the mistake, omission, irregularity, or defect in the original notice was made in good faith, and it appears that the public corporation is not prejudiced thereby (see General Municipal Law 50-e [6]; Lopez v City of New York, 287 AD2d 694 [2001]; Gatewood v Poughkeepsie Hous. Auth., 28 AD3d 515 [2006]).
