Melendez v. New York City Housing Authority
Cases that cite this one
6 later published cases cite this decision.
- Mahase v. Manhattan & Bronx Surface Transit Operating Authority (Appellate Division of the Supreme Court of New York 2004)
- Lewis v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2016)
- Dones v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2011)
- Monmasterio v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2007)
- DeJesus v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2007)
- Lopez v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about June 8, 2001, which, in an action for personal injuries sustained when plaintiff fell on a stairway in defendant’s premises, denied defendant’s motion to strike certain claims contained in plaintiffs’ bill of particulars, unanimously modified, on the law, to strike so much of the bill of particulars as alleges that defendant (1) negligently hired, trained, retained and supervised others with respect to the maintenance and repair of the property, staircase, and handrail, and (2) did not provide adequate illumination in the stairway, and otherwise affirmed, without costs.
Plaintiff’s notice of claim, which alleges that plaintiff slipped on the stairway in question because of an “accumulation of liquid and debris upon the surface of the steps and lack of a proper handrail,” fairly implies the statements contained in the bill of particulars with the exception of the two claims indicated above (see, White v New York City Hous. Auth., 288 AD2d 150; cf., Bryant v City of New York, 188 AD2d 445), both of which are correctly challenged as new theories first asserted in plaintiff’s bill of particulars. We modify accordingly. Concur—Williams, P.J., Saxe, Buckley, Rosenberger and Lerner, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.