Thomas v New York City Hous. Auth.

Thomas v New York City Hous. Auth. 2015 NY Slip Op 04679 Decided on June 4, 2015 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ? 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 4, 2015
No. 149 SSM 12

[*1]Calvin E. Thomas, Respondent,

v

New York City Housing Authority, Appellant.

Submitted by Patrick J. Lawless, for appellant.

Submitted by Blake G. Goldfarb, for respondent.

On review of submissions pursuant to section 500.11 of the Rules, 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.

Decided June 4, 2015