Brief Description of Case:
Plaintiff suffered a fall on school grounds. Moved for permission to amend Notice of claim, and Bill of particulars to allege incident occurred outside in the am, rather than inside in the pm.
The Bill of Particulars specifically stated the incident did not occur outside in am. Defendant cross moved to dismiss for failure to state the correct time and location of incident as required.
Court or Jury’s Decision and Reasoning:
Court granted the cross motion holding that plaintiff failed to comply with the requirements of the notice of claim and BP.