O'Connor v. Huntington U.F.S.D., 87 A.D.3d 571 (N.Y. App. Div. 2011). · Go Syfert
O'Connor v. Huntington U.F.S.D., 87 A.D.3d 571 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: Castro v. City of New York (nysupct, 2014-08-20)
Top citers, strongest first. 2 distinct citers. How cited ↗
examined Cited as authority (rule) Castro v. City of New York (3×)
N.Y. Sup. Ct. · 2014 · confidence medium
Auth., 95 AD3d 981, 981 [2d Dept 2012]; O’Connor v Huntington U.F.S.D., 87 AD3d 571, 571 [2d Dept 2011]; Semprini v Village of Southampton, 48 AD3d 543, 544 [2d Dept 2008]; Mahase v Manhattan & Bronx Surface Tr.
discussed Cited "see" Meyer v. Magalios
N.Y. App. Div. · 2019 · signal: see · confidence high
However, if the defendant is a municipality, the plaintiff may not raise in the complaint causes of action or legal theories that were not directly or indirectly mentioned in the notice of claim and that "substantially alter" the nature of the claim or add a new theory of liability ( Finke v City of Glen Cove , 55 AD3d 785, 786 [internal quotation marks omitted]; see O'Connor v Huntington U.F.S.D. , 87 AD3d 571 ).
Retrieving the full opinion text from the archive…
Patrick J. O'Connor
v.
Huntington U.F.S.D.
Appellate Division of the Supreme Court of the State of New York.
Aug 9, 2011.
87 A.D.3d 571
Cited by 10 opinions  |  Published

“Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of an action against a school district” (Matter of Surdo v Levittown Pub. School Dist., 41 AD3d 486, 487 [2007]; see Education Law § 3813; General Municipal Law § 50-e [1] [a]). Although “courts have not interpreted the statute to require that a claimant state a precise cause of action in haec verba in a notice of claim” (DeLeonibus v Scognamillo, 183 AD2d 697, 698 [1992]), “a party may not add a new theory of liability which was not included in the notice of claim” (Semprini v Village of Southampton, 48 AD3d 543, 544 [2008]; see Mazzilli v City of New York, 154 AD2d 355, 357 [1989]).

Here, the defendants established their prima facie entitlement to judgment as a matter of law dismissing the third cause of action alleging negligent supervision by submitting proof that the notice of claim served by the plaintiff did not mention this theory {see Hudson Val. Mar., Inc. v Town of Cortlandt, 79 AD3d 700, 704 [2010]; Bryant v City of New York, 188 AD2d 445, 446 [1992]; Demorcy v City of New York, 137 AD2d 650, 650-651[*572] [1988]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court should have granted that branch of the defendants’ motion which was for summary judgment dismissing the third cause of action alleging negligent supervision. Skelos, J.P, Belen, Hall and Roman, JJ., concur.