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FLEMING v. CITY OF NEW YORK

5898, 15665/04.

89 A.D.3d 405 (2011)

931 N.Y.S.2d 866

2011 NY Slip Op 7670

AKEEM FLEMING, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided November 1, 2011.

The trial court correctly dismissed plaintiff's negligence claims as precluded because that theory of liability was not asserted in the original notice of claim, in which plaintiff asserted that he was injured as a result of an intentional assault by the corrections officer (see Garcia v O'Keefe, 34 A.D.3d 334, 335 [2006]). By the same token, the court correctly denied plaintiff's motion to add the negligence claims to the notice...

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