Opinion
No. 149 SSM 12
06-04-2015
Calvin E. THOMAS, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York City (Patrick J. Lawless of counsel), for appellant. Burns & Harris, New York City (Blake G. Goldfarb of counsel), for respondent.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York City (Patrick J. Lawless of counsel), for appellant.
Burns & Harris, New York City (Blake G. Goldfarb of counsel), for respondent.
Opinion
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order reversed, with costs, case remitted to the Appellate Division, First Department, for consideration of issues raised but not determined on the appeal to that court, and certified question answered in the negative. The allegations in the notice of claim were not sufficient to put defendant on notice of the allegations in the bill of particulars concerning the handrail.
Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS–SALAAM, STEIN and FAHEY concur.