Melendez v. NYCHA – Case Brief Summary (New York)

In Melendez v. NYCHA, 294 AD2d 243, 741 N.Y.S.2d 866 [1st Dept 2002], the First Department found that allegations in the bill of particulars referring to negligent hiring was not anew theory of liability from what was asserted in the notice of claim.

The NYCHA brief submitted to the First Department indicates that the notice of claim alleged that defective a smoke detector/smoke alarm failed to activate and alert the plaintiff to the fire, and, that NYCHA was negligent in the ownership, operation, maintenance, management, care and control of the smoke alarm/detector.

Accordingly, the allegation in the notice of claim that the defective smoke detector/alarm was not properly maintained also fairly implied that the allegation that NYCHA was negligent in hiring incompetent employees.

Additionally the First Department found that the allegation in the bill of particulars, that NYCHA failed to give a sign or warn of the defective condition, was also fairly implied.

New York Case Brief Claim Employee Liability Negligence Negligent Hiring and Retention Notice Notice of Action

why use lawpipe ?

The largest case briefs database in the U.S (over 60,000 case briefs).
New case briefs and articles updated monthly edited by experts.
We do not use robots or any kind of artificial intelligence to generate content.
Our legal database contains only important rulings and decisions, to ensure efficient and faster legal research.
Our search engine recommends only highly relevant briefs or articles, bypassing the need to browse through hundreds (and sometimes thousands!) of Irrelevant search results.
Search from 2,000+ legal terms keyed to our case briefs and articles, For each term, we show you every case brief and article in our database that relates to that term.