Thomas v. N.Y.C. Hous. Auth.

1 Citing case

  1. Thomas v. N.Y.C. Hous. Auth.

    132 A.D.3d 432 (N.Y. App. Div. 2015)   Cited 11 times

    On the prior appeal, we held that plaintiff's claim that defendant failed to maintain the handrail along the stairway at or near the second floor could be fairly inferred from the notice of claim, which alleged that defendant was negligent in maintaining the second floor landing area (see 120 AD3d 401, 402 [2014], revd 25 NY3d 1087 [2015]; Jackson v New York City Tr. Auth., 30 AD3d 289, 291 [1st Dept 2006]). The Court of Appeals disagreed, holding that the allegations in the notice of claim were insufficient to put defendant on notice of allegations in the bill of particulars concerning the handrail, and it remitted the case to us for consideration of issues raised but not determined on the prior appeal (25 NY3d at 1098]).