Maiello v. City of New York

In Maiello v. City of New York, 113 Misc 2d 122 (App Term, 2nd & 11th Jud Dists 1981), after trial in which there was a judgment entered in favor of two plaintiffs, the City moved to set aside the verdict for one of the plaintiffs based upon that fact that the second plaintiff's notice of claim was defective. On appeal, the Appellate Term held that pursuant to General Municipal Law 50-e (7), trial Judges in courts other than Supreme or County Court could grant an oral motion made at the time of trial for subdivision 6 relief to correct or disregard a defective notice of claim. "To hold that the trial court was without power to grant the requested relief, and that plaintiff's only remedy, in the midst of the jury trial, was to seek a Supreme Court order permitting the Civil Court to disregard the defect in the notice of claim, would bring about a ludicrous result which the Legislature never intended" (Maiello at 124).