13582 Kari R., v. N.Y.C. Hous. Auth.

Full title: 13582 Kari R., etc., et al., Plaintiffs-Respondents, v. New York City…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 25, 2014

2014 N.Y. Slip Op. 8225 (N.Y. App. Div. 2014)

Opinion

350060/10

11-25-2014

13582 Kari R., etc., et al., Plaintiffs-Respondents, v. New York City Housing Authority, Defendant-Appellant.

Herzfeld & Rubin, P.C., New York (Sharyn Rootenberg of counsel), for appellant. Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondents.

Gonzalez, P.J.

, Mazzarelli, Manzanet-Daniels, Gische, Clark, JJ.

Herzfeld & Rubin, P.C., New York (Sharyn Rootenberg of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for respondents.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered March 28, 2014, which, to the extent appealed from, denied defendant's motion to strike what it contended was plaintiffs' new theory of liability and the proffered testimony of plaintiffs' expert at trial, unanimously affirmed, without costs.

In this action arising from the infant plaintiff's slip and fall in a puddle of urine that defendant, through its agents, left sitting for days on the landing of the staircase immediately outside plaintiffs' apartment, the motion court correctly determined that plaintiffs' expert testimony was a mere amplification of plaintiffs' consistently pleaded negligence claims, and not a new claim or theory that plaintiffs had failed

to specify in their notice of claim (see Portillo v New York City Tr. Auth., 84 AD3d 535, 536 [1st Dept 2011]).

We have considered the remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 25, 2014

CLERK