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ROJAS v. CITY OF NEW YORK

208 A.D.2d 416 (1994)

617 N.Y.S.2d 302

Jesus Rojas et al., Appellants, v. City of New York, Defendant, and New York City Housing Authority, Respondent

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

October 18, 1994

The lower court properly exercised its discretion in excluding plaintiff's expert testimony and documentary evidence as to the allegedly defective sloping stair. Not only was this claim not alleged in the notice of claim, not mentioned in the complaint, and not set forth in the bill of particulars, but the evidence did not establish that the slope of the stair caused the fall. Plaintiff had no recollection of exactly how the accident...

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