Horowitz v. New York City Housing Authority

Full title: EDITH HOROWITZ et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY…

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

Date published: Dec 15, 1992

188 A.D.2d 392 (N.Y. App. Div. 1992)

591 N.Y.S.2d 382

Opinion

December 15, 1992

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).

The IAS Court properly held that the lack of specificity in plaintiffs' notice of claim alleging defendant's negligence in maintaining an elevator was cured at the General Municipal Law § 50-h hearing (see, Miles v City of New York, 173 A.D.2d 298). We also agree that plaintiffs' omission to plead the doctrine of res ipsa loquitur in their notice of claim does not bar them from invoking that doctrine at trial (see, Weeden v Armor El. Co., 97 A.D.2d 197), and that defendant, therefore, is not entitled to notice of the specific acts of negligence that caused the elevator to mislevel.

Concur — Sullivan, J.P., Ellerin, Wallach, Kupferman and Ross, JJ.