Q: Can you change or "amend" a Notice of Claim in New York once it has been filed?
A:It depends - both on the timing of the proposed changes, as well as the nature of the proposed changes to the Notice of Claim. In that regard, if it is a relatively insignificant change - as opposed to a wholesale change of a theory of liability - the Court will often grant the amendment. On the other hand, a significant change - such as changing the location of the accident - will often not be permitted. That is one major reason why failing to investigate a NY slip and fall case can prove fatal to the claim.