TIBURCIO v. NEW YORK CITY TRANSIT AUTHORITY

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 and Bronx Surface Tr. Operating Auth., 216 A.D.2d 171). Since plaintiff was attempting to amend her notice of claim by serving an amended bill of particulars that included this new theory (see, Herron v. City of New York, 223 A.D.2d 676), and the one-year and 90-day limitation period had passed, the IAS court properly granted defendant's motion to dismiss the complaint (id.).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.