MOJICA v. 404 LLC (2023)

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about November 10, 2022, which, to the extent appealed from, denied defendant Church of the Immaculate Conception's motion to strike plaintiff's errata sheet, unanimously affirmed, without costs.

This action for personal injuries arose when plaintiff allegedly slipped and fell on a sidewalk in front of or adjacent to where two properties meet at 414 East 14th Street and 404 East 14th Street.  At the time of the accident, 414 East 14th Street was owned by defendant Church and 404 East 14th Street was owned and operated by defendants BDC Restaurants, LLC. d/b/a McDonald's and McDonald's Corporation and 404 Condo, LLC.

Supreme Court providently exercised its discretion in denying the motion to strike plaintiff's errata sheet because plaintiff provided an adequate reason for the substantive changes she sought to make (CPLR 3116[a];  see Cillo v. Resjefal Corp., 295 A.D.2d 257, 743 N.Y.S.2d 860 [1st Dept. 2002]).  Plaintiff's corrections raise issues of credibility that should be left for trial (see Clindinin v. New York City Hous. Auth., 117 A.D.3d 628, 629, 986 N.Y.S.2d 471 [1st Dept. 2014];  Marcano v. Calvary Hosp., Inc., 13 A.D.3d 109, 111, 786 N.Y.S.2d 49 [1st Dept. 2004]).