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SANTANA v. NEW YORK CITY TRANSIT AUTHORITY

Nos. 5744N, 300859/10.

88 A.D.3d 539 (2011)

930 N.Y.S.2d 587

2011 NY Slip Op 7284

JOSEPHINA SANTOS SANTANA et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided October 18, 2011.

The court should not have granted plaintiffs' motion for leave to amend the notice of claim pursuant to General Municipal Law § 50-e (6). Plaintiffs did not merely seek to supplement the original claim, but rather, impermissibly sought to change the theory of liability from a fall on the stairs due to snow, ice or slush to a fall due to a loose metal tread (see Torres v New York City Hous. Auth., 261 A.D.2d 273, 275 [1999],...

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