Tenant Didn't Claim Inadequate Security in Notice

Tenant sued landlord for negligence, claiming inadequate lighting and building security. Tenant's child had been attacked near a Dumpster located in the building's parking lot. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed in part, claiming that it had no prior notice of tenant's claim of inadequate security. The appeals court ruled for landlord. Tenant had filed a notice of claim before suing landlord, but the notice stated only that landlord didn't provide adequate lighting in the parking lot and knew that there had been criminal activity in the area. Nothing in tenant's notice of claim notified landlord of the need to investigate the number and adequacy of building security measures. Tenant couldn't add the new claim to his complaint without getting permission from the court.

Monmasterio v. NYCHA: NYLJ, 4/23/07, p. 25, col. 2 (App. Div. 1 Dept.; Andrias, JP, Marlow, Nardelli, Sweeny, McGuire, JJ)