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THE FIRST NOTICE OF CLAIM DEMANDED ONLY AN EXTENSION OF THE CONTRACTUAL TIME-LIMIT FOR COMPLETION OF THE PLUMBING CONTRACT; THE PURPORTED AMENDED NOTICE OF CLAIM DEMANDED $2.5 MILLION IN DAMAGES; THE AMENDMENT WAS NOT TECHNICAL IN NATURE AND THEREFORE THE MOTION TO AMEND WAS PROPERLY DENIED (SECOND DEPT).

The Second Department determined plaintiff’s motion for leave to amend its notice of claim was properly denied. The original demanded only an extension of time to complete the plumbing work plaintiff was hired to do by the NYC School Construction Authority. The proposed amended notice of claim included a demand for nearly $2.5 million in damages:

Public Authorities Law § 1744(2) requires the plaintiff to serve a notice of claim upon the defendant within three months after the accrual of such claim … . Under Public Authorities Law § 1744(3), a notice of claim “must set forth in detail . . . (i) the amount of the claim; (ii) a specific and detailed description of the grounds for the claim, relating the dollar amount claimed to the event purportedly giving rise to the claim and indicating how the dollar amount is arrived at; and (iii) the date of the event allegedly underlying the claim.” Here, the original notice of claim filed by the plaintiff failed to comply with Public Authorities Law § 1744(3) … .

The Supreme Court properly denied that branch of the plaintiff’s motion which was for leave to amend the original notice of claim, inter alia, to include damages in the total principal sum of $2,455,740.63. “A notice of claim may be amended only to correct good faith and nonprejudicial technical mistakes, omissions, or defects, not to substantively change the nature of the .. .claim or the theory of liability” . Here, the proposed amendments to the original notice of claim were not technical in nature, and thus, are not permitted as late-filed amendments to a notice of claim … . In addition, the plaintiff failed to explain the inordinate delay in seeking leave to amend the original notice of claim. BG Natl. Plumbing & Heating, Inc. v New York City Sch. Constr. Auth., 2021 NY Slip Op 03435, Second Dept 6-2-21

 

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