Appellate Division of the Supreme Court of the State of New York April 27, 2016 (Prucha v. Town of Babylon)

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Pastoressa, J.), dated January 8, 2015, which denied its motion for summary judgment dismissing the complaint and granted the plaintiff’s cross motion for leave to amend the notice of claim and the pleadings to assert that the defendant had prior written notice of the