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  5. 216 A.D.2d 171 (1995)
 

CHIPURNOI v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

216 A.D.2d 171 (1995)

628 N.Y.S.2d 666

Charles H. Chipurnoi et al., Appellants, v. Manhattan and Bronx Surface Transit Operating Authority et al., Respondents Charles H. Chipurnoi et al., Respondents, v. Manhattan and Bronx Surface Transit Operating Authority et al., Appellants

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

June 27, 1995

In this negligence action, the court improperly granted leave to amend the notices of claim. The slippery seat theory, essentially a claim of design defect, was not alluded to in the complaint or in the original notices of claim which asserted only human error and a defect in the steering mechanism. It was first sought to be interposed long after the one year and 90-day limitation had passed (Public Authorities Law § 1212...

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