Monmasterio v. New York City Housing Authority
Cases that cite this one
18 later published cases cite this decision.
- Mosley v. City of New York (Appellate Division of the Supreme Court of New York 2023)
- Matter of Corwin v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Tully v. City of Glen Cove (Appellate Division of the Supreme Court of New York 2013)
- Tully v. City of Glen Cove (Appellate Division of the Supreme Court of New York 2013)
- Parise v. New York City Department of Sanitation (2d Cir. 2009)
- Parise v. New York City Department of Sanitation (2d Cir. 2009)
- Rosado v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2021)
- Rosado v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2021)
- Nolan v. County of Erie (District Court, W.D. New York 2021)
- Pratts v. Campolo (Appellate Division of the Supreme Court of New York 2017)
- Williams v. County of WestChester (Appellate Division of the Supreme Court of New York 2013)
- Williams v. County of WestChester (Appellate Division of the Supreme Court of New York 2013)
- Ana R. v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2012)
- Williams v. Hooper (Appellate Division of the Supreme Court of New York 2011)
- Williams v. Hooper (Appellate Division of the Supreme Court of New York 2010)
- Semprini v. Village of Southampton (Appellate Division of the Supreme Court of New York 2008)
- Jackson 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)
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
Plaintiffs’ notice of claim states, in pertinent part, that: “The claim arose on September 17, 2004 at approximately 11:00 p.m. at or about 1730 Watson Avenue, Bronx, New York and a parking lot and dumpster located thereat; in that infant claimant while lawfully walking in the vicinity of said dumpster was accosted, beaten, assaulted and robbed by unknown assailants who had hidden about said dumpster. That the aforesaid occurred as a result of the negligence of [defendant], its agents and/or employees in the ownership, maintenance and control of said housing project and parking lot and areas thereof; in failing to provide adequate, sufficient and operable lighting at said location with prior knowledge of similar criminal conduct and activity in the immediate vicinity and location where the plaintiff was harmed.”
Plaintiffs allege in the complaint that defendant failed to maintain its premises in a reasonably safe condition in that it did not provide adequate lighting and security in the area where the incident occurred. With respect to the inadequate security claim, plaintiffs allege that although defendant employed security personnel for the premises generally, it “provided inadequate and improper security for said parking lot and adjacent areas ... in relation to the prior criminal activity within its premises.” Defendant moved, among other things, to dismiss the claim of inadequate security on the ground it constituted a new theory of liability not asserted in the notice of claim. Plaintiffs countered that the inadequate security claim simply “expounded]” a specific claim of negligence. Supreme Court denied that aspect of the motion.
The notice of claim describes the location of the incident, the time it occurred, the circumstances surrounding it, and indicates a particular theory of liability—that defendant negligently failed “to provide adequate, sufficient and operable lighting” at the scene of the incident. To be sure, the notice of claim does refer
The notice of claim satisfies the requirements of General Municipal Law § 50-e because the information supplied is sufficient to have enabled defendant promptly and adequately to investigate the claim of inadequate lighting (see Brown v City of New York, 95 NY2d 389 [2000]). However, nothing in the notice of claim would have alerted defendant to the need to investigate the number and adequacy of the security personnel it employed, and plaintiffs were not free subsequently to interject a new, distinct theory of liability without leave of court. The inadequate security claim, which differs substantially from the inadequate lighting claim, is a new, distinct theory of liability and must be dismissed (see Melendez v New York City Hous. Auth., 294 AD2d 243 [2002]; White v New York City Hous. Auth., 288 AD2d 150 [2001]). Concur—Andrias, J.P., Marlow, Nardelli, Sweeny and McGuire, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.