HOROWITZ v. NEW YORK CITY HOUS. AUTH.


188 A.D.2d 392 (1992)

Edith Horowitz et al., Respondents, v. New York City Housing Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1992


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...

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