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TIBURCIO v. NEW YORK CITY TRANSIT AUTHORITY

270 A.D.2d 110 (2000)

704 N.Y.S.2d 473

MARIA TIBURCIO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided March 16, 2000.

Plaintiff's notice of claim was defective since it did not provide defendant with notice of plaintiff's theory of liability, first advanced in plaintiff's deposition more than a year after the accident, that she slipped and fell on subway steps as a result of the absence of a metal tread (see, Chipurnoi v Manhattan & Bronx Surface Tr. Operating Auth., 216 A.D.2d 171). Since plaintiff was attempting to amend her notice of claim...

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