Plaintiff's complaint alleges that his decedent died from injuries sustained when he fell out of his bed because of defendant nursing home's negligent maintenance or use of the bed's guard rails. Plaintiff's proposed amendment would allege that his decedent died from physical abuse inflicted by one or more of defendant's employees, and assert causes of action for assault and negligent hiring and retention. The proposed causes of action were properly rejected as time-barred and not saved by the relation back exception of CPLR 203(f). Plaintiff's original allegations of negligence in the maintenance or use of bed guard rails did not give notice of the present allegations that defendant's employees attacked the decedent (see, Clark v. Foley, 240 A.D.2d 458, lv dismissed 91 N.Y.2d 921) and had a propensity for assaultive behavior of which defendant was aware (see, Detone v. Bullit Courier Serv., 140 A.D.2d 278, lv denied 73 N.Y.2d 702).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.