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Salcedo v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1992
179 A.D.2d 440 (N.Y. App. Div. 1992)

Opinion

January 14, 1992

Appeal from the Supreme Court, New York County (Leonard N. Cohen, J.).


Plaintiff allegedly sustained a gunshot wound in a shootout that occurred in her apartment between intruders and two New York City Housing Authority (NYCHA) police officers. Plaintiff originally sought damages from defendant NYCHA for negligence in failing to provide a safe place to live, but on the eve of the trial, sought leave to amend her bill of particulars to allege that NYCHA was negligent in reacting to a 911 telephone call placed by her sister, in calling back her apartment while the intruders were present, and in confronting the gunmen in the apartment without necessary and appropriate preparation or backup. We agree with the IAS court that plaintiff's delay in asserting this theory will not prejudice defendant, it having been familiar with the underlying facts of the shooting incident for many years. Accordingly, leave to serve the supplemental bill of particulars was properly granted (see, Cepeda v. Hertz Corp., 141 A.D.2d 394).

Concur — Milonas, J.P., Rosenberger, Ellerin, Ross and Rubin, JJ.


Summaries of

Salcedo v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1992
179 A.D.2d 440 (N.Y. App. Div. 1992)
Case details for

Salcedo v. New York City Housing Authority

Case Details

Full title:CARMEN SALCEDO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 14, 1992

Citations

179 A.D.2d 440 (N.Y. App. Div. 1992)
578 N.Y.S.2d 559