Lyman v. CSX Transp., Inc., 364 F. App'x 699 (2d Cir. 2010). · Go Syfert
Lyman v. CSX Transp., Inc., 364 F. App'x 699 (2d Cir. 2010). Cases Citing This Book View Copy Cite
“the district court noted that these claims 'need not be considered' because plaintiff raised them for the first time in opposition to summary judgment . . . we agree with the district court.”
64 citation events (64 in the last 25 years) across 8 distinct courts.
Strongest positive: Sturm v. Alpha Recovery Corp (nyed, 2021-09-22)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Sturm v. Alpha Recovery Corp
E.D.N.Y · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the district court noted that these claims 'need not be considered' because plaintiff raised them for the first time in opposition to summary judgment . . . we agree with the district court.
discussed Cited as authority (verbatim quote) Agosto v. New York City Department of Education
2d Cir. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
e note that plaintiff could have sought leave to amend his complaint, but did not do so.
discussed Cited as authority (rule) Clemmons v. Flora Food US Inc.
S.D.N.Y. · 2025 · confidence medium
Lyman v. CSX Transportation, Inc., 364 F. App’x 699, 701-02 (2d Cir. 2010) (affirming district court’s determination that it should not consider claims raised for the first time in opposition to summary judgment); see also Brandon v. City of New York, 705 F. Supp. 2d 261, 278 (S.D.N.Y. 2006) (Preska, J.) (“It is black letter law that a party may not raise new claims for the first time in opposition to summary judgment.”).
discussed Cited as authority (rule) Sullivan v. Aircraft Services Group, Inc.
E.D.N.Y · 2025 · confidence medium
“An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (summary order) (citation omitted); see also Greenidge v. Allstate Ins.
discussed Cited as authority (rule) Rienzi & Sons, Inc. v. I Buonatavola Sini S.R.L.
E.D.N.Y · 2024 · confidence medium
“An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (summary order) (citation and internal quotation marks omitted); see also Greenidge v. Allstate Ins.
discussed Cited as authority (rule) Ampong v. Costco Wholesale Corp.
S.D.N.Y. · 2023 · confidence medium
Defendant relies on Lyman v. CSX Transp., Inc., 364 F. App'x 699, 702 (2d Cir. 2010), in which the Second Circuit affirmed a district court’s decision to decline to consider the plaintiff's new theories of negligence which were presented after defendant moved for summary judgment.
discussed Cited as authority (rule) North Fork Partners Investment Holdings, LLC v. Bracken
S.D.N.Y. · 2023 · confidence medium
Conn. 2017), aff’d, 915 F.3d 88 (2d Cir. 2019) (“[T]he Court may not consider ‘unpleaded allegations’ in its ruling on a motion for summary judgment.”); Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010).
discussed Cited as authority (rule) Wagner v. CSX Transportation, Inc. (2×) also: Cited "see"
W.D.N.Y. · 2023 · confidence medium
Nevertheless, “FELA is not a strict liability statute,” and FELA claimants “must at least offer some evidence that would support a finding of negligence.” Lyman v. CSX Transp., Inc., 364 F. App’x 699, 700 (2d Cir. 2010) (summary order) (first quoting Williams, 196 F.3d at 406 , then quoting O’Hara v. Long Island R.R.
discussed Cited as authority (rule) White v. Manhattan And Bronx Surface Transit Operating Authority
S.D.N.Y. · 2022 · confidence medium
(Pl.’s Opp. at 17-18, 20.) Because Plaintiff raises these claims “for the first time in opposition to summary judgment,” they “need not be considered.” See e.g., Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010); see also Charles Alan Wright & Arthur R.
discussed Cited as authority (rule) Anderson v. Incorporated Village of Hempstead
E.D.N.Y · 2022 · confidence medium
Sept. 29, 2021) (“A plaintiff may not amend the complaint or alter his theory of liability in a memorandum of law in opposition to summary judgment.” (citing Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010))); Polite v. Town of Clarkstown, 198 F.R.D. 610, 612 (S.D.N.Y. 2001) (denying the plaintiffs’ motion to amend their Section 1983 complaint to add individual defendants where claims against the individual defendants would be time-barred, even where the plaintiff “was required to name an individual as a defendant”).
discussed Cited as authority (rule) Pugh v. Casimir
E.D.N.Y · 2021 · confidence medium
Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (“An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” (quoting 5 Charles Alan Wright & Arthur R.
discussed Cited as authority (rule) Thomas, Ed. D. v. New York City Department of Education
E.D.N.Y · 2021 · confidence medium
Co., 446 F.3d 356, 361 (2d Cir. 2006) (declining to reach merits of argument raised for first time in opposition to summary judgment); Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (“An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” (quoting 5 Charles Alan Wright & Arthur R.
cited Cited as authority (rule) Dolcine v. Hanson
S.D.N.Y. · 2021 · confidence medium
Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010).
discussed Cited as authority (rule) Fletcher Quiller v. Officer Daniel Nunez, Shield No. 18750
S.D.N.Y. · 2020 · confidence medium
Litig., 707 F.3d 189, 193 (2d Cir. 2013) (explaining the sham issue of fact doctrine “prohibits a party from defeating summary judgment simply by submitting an affidavit that contradicts the party’s previous sworn testimony”); Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (noting courts need not consider allegations made for the first time in opposition to summary judgment); Southwick Clothing LLC v. GFT (USA) Corp., No. 99 Civ. 10452 (GBD), 2004 WL 2914093 , at *6 (S.D.N.Y.
discussed Cited as authority (rule) Protective Specialty Insurance Company v. Castle Title Insurance Agency, Inc.
S.D.N.Y. · 2020 · confidence medium
Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (summary order) (“‘An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.’”) (quoting 5 Charles Alan Wright & Arthur R.
cited Cited as authority (rule) Fabula v. American Medical Response of Connecticut,Inc.
D. Conn. · 2019 · confidence medium
Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010).
discussed Cited as authority (rule) Cheeseboro v. Little Richie Bus Service, Inc.
E.D.N.Y · 2017 · confidence medium
Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 700 (2d Cir. 2010) (summary order) (district court did not abuse discretion by refusing to consider plaintiffs new theories of negligence raised in opposition to summary judgment) (citing Greenidge v. Allstate Ins.
cited Cited as authority (rule) Weinstein v. University of Connecticut
D. Conn. · 2016 · confidence medium
Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010); Armstrong v. Metropolitan Transp.
discussed Cited as authority (rule) Bank of America, N.A. v. Bear Stearns Asset Management
S.D.N.Y. · 2013 · confidence medium
Inc., 364 Fed.Appx. 699, 702 (2d Cir.2010) (unpublished) (Calabresi, Raggi, Cudahy) (not abuse of -discretion for district court to decline to consider new theory of negligence liability raised for first time in opposition to summary judgment given absence of motion to amend).
cited Cited as authority (rule) Malmsteen v. Universal Music Group, Inc.
S.D.N.Y. · 2013 · confidence medium
Jan.15, 2013) (citing Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010) (summary order)).
discussed Cited as authority (rule) Family Dollar Stores, Inc. v. United Fabrics International, Inc.
S.D.N.Y. · 2012 · confidence medium
This it cannot do: “An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010) (quoting Charles Alan Wright & Arthur R.
discussed Cited as authority (rule) Aktas v. JMC Development Co.
N.D.N.Y. · 2012 · confidence medium
Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010) (the district court "need not be consider[] arguments raised for the first time in opposition to summary judgment) (citing, inter alia, Greenidge v. Allstate Ins.
discussed Cited as authority (rule) Martinez v. CONNECTICUT, STATE LIBRARY
D. Conn. · 2011 · confidence medium
To the extent that Martinez is asserting that the failure to provide training was an adverse employment action she cannot do so as Martinez failed to raise this claim in her complaint and it is well established that “it is inappropriate to raise new claims for the first time in submissions in opposition to a summary judgment motion” Thomas v. Egan, 1 Fed.Appx. 52, 54 (2d Cir.2001); Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010) (finding that district courts are “ ‘justified’ in ‘brushing aside’ further argument not alleged in complaint but raised for first time …
discussed Cited as authority (rule) Kachalsky v. Cacace
S.D.N.Y. · 2011 · confidence medium
March 30, 2011) ("As this claim was not raised in [plaintiff's] complaint, it will not be considered by the Court [on summary judgment].”) (citing Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010)).
discussed Cited as authority (rule) Seeman v. GRACIE GARDENS OWNERS CORP.
S.D.N.Y. · 2011 · confidence medium
“An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010) (quoting 5 Charles Alan Wright & Arthur R.
cited Cited as authority (rule) Deso v. CSX Transportation, Inc.
N.D.N.Y. · 2011 · confidence medium
Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 700 (2d Cir.2010) (citing Ulfik v. Metro-North Commuter R.R., 77 F.3d 54 , 58 (2d Cir.1996)).
discussed Cited "see" Reyna v. Target Corporation
S.D.N.Y. · 2024 · signal: see · confidence high
See Lyman v. CSX Transp., Inc., 364 F. App'x 699, 701 (2d Cir. 2010) (declining to reach merits of argument raised for first time in opposition to summary judgment); Greenidge v. Allstate Ins.
discussed Cited "see" Thomas v. New York State Office For People With Developmental Disabilities (2×)
W.D.N.Y. · 2024 · signal: see · confidence high
See Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (summary order) (citing 5 Wright & Miller, Fed.
discussed Cited "see" Maksoud v. The Berkshire Life Insurance Company of America
S.D.N.Y. · 2022 · signal: accord · confidence high
Dec. 18, 2001) (denying to consider new allegations where “Plaintiff alleges a different and inconsistent set of facts than those alleged in his Complaint.”); accord Lyman v. CSX Transp., Inc., 364 F. App’x 699, 702 (2d Cir. 2010) 1 The letter incorrectly states that the claim was submitted on June 24, 2016.
discussed Cited "see" Poulos v. Annucci
N.D.N.Y. · 2021 · signal: see · confidence high
See Lyman v. CSX Tramp., Inc., 364 F. App’x 699, at *2 (2d Cir. 2010) (disregarding plaintiff’s argument that was raised for the first time in his opposition to summary judgment memorandum); Greenidge v. Allstate Ins.
discussed Cited "see" Belton v. Wydra
D. Conn. · 2021 · signal: see · confidence high
See Lyman v. CSX Transportation Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (summary order) (affirming district court’s determination that it should not consider claims raised for the first time in opposition to summary judgment) (citations omitted); Auguste v. Dep’t of Corrections, 424 F. Supp. 2d 363, 368 (D.
discussed Cited "see" Garcia v. Westchester County
S.D.N.Y. · 2021 · signal: see · confidence high
(Doc. 50.) “It is black letter law that a party may not raise new claims for the first time in opposition to summary judgment.” Brandon v. City of N.Y., 705 F.Supp.2d 261, 278 (S.D.N.Y. 2010); see Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (summary order).
cited Cited "see" Gutman v. Malen & Associates, P.C.
E.D.N.Y · 2021 · signal: see · confidence high
See Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010).
discussed Cited "see" Murray v. John and Jane Doe Corporations and Entities
Bankr. E.D.N.Y. · 2020 · signal: see · confidence high
See Reply ¶ 24 (citing Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701-02 (2d Cir. 2010) (declining to consider claims raised for the first time in opposition to summary judgment); Casseus v. Verizon New York, Inc., 722 F. Supp. 2d 326, 344 (E.D.N.Y. 2010) (finding that a plaintiff’s new allegations could not be considered and even if they were, the new claims lacked merit); Heletsi v. Lufthansa German Airlines, Inc., 2001 WL 1646518 , at *1 n.1 (E.D.N.Y.
discussed Cited "see" Lewis v. Erfe
D. Conn. · 2020 · signal: see · confidence high
See Lyman v. CSX Transportation Inc., 364 F. App'x 699, 701 (2d Cir. 2010) (summary order) (affirming district court’s determination that it should not consider claims raised for the first time in opposition to summary judgment (citations omitted); Simpson v. Town of Warwick Police Dep't, 159 F. Supp. 3d 419, 440 (S.D.N.Y. 2016) (“A party generally may not assert a cause of action for the first time in response to a summary judgment motion.”) (internal quotation marks and citations omitted).
discussed Cited "see" Conquistador v. Zweibelson
D. Conn. · 2019 · signal: see · confidence high
See Lyman v. CSX Transportation Inc., 364 F. App'x 699, 701 (2d Cir. 2010) (summary order) (affirming district court’s determination that it should not consider claims raised for the first time in opposition to summary judgment (citations omitted); Simpson v. Town of Warwick Police Dep't, 159 F. Supp. 3d 419, 440 (S.D.N.Y. 2016) (“A party generally may not assert a cause of action for the first time in response to a summary judgment motion.”) (internal quotation marks and citations omitted).
cited Cited "see" Hosain-Bhuiyan v. Barr Laboratories, Inc.
S.D.N.Y. · 2019 · signal: see · confidence high
See Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (summary order).
cited Cited "see" Bigsby v. Barclays Capital Real Estate, Inc.
S.D. Ill. · 2019 · signal: see · confidence high
Co. , 446 F.3d 356 , 361 (2d Cir. 2006) ; see Lyman v. CSX Transp., Inc. , 364 F. App'x 699 , 701 (2d Cir. 2010) (collecting cases). 3 IV.
discussed Cited "see" Whitt v. Kaleida Health (2×)
W.D.N.Y. · 2018 · signal: see · confidence high
See Lyman v. CSX Tramp., Inc. , 364 Fed.Appx. 699 , 701 (2d Cir. 2010) (finding district court did not abuse discretion in declining to consider new theories of liability raised for the first time in opposition to summary judgment); Greenidge v. Allstate Ins.
cited Cited "see" Ameti ex rel. United States v. Sikorsky Aircraft Corp.
D. Conn. · 2018 · signal: see · confidence high
See Lyman v. CSX Transp., Inc. , 364 Fed.Appx. 699 , 701 (2d Cir. 2010).
discussed Cited "see" Koul v. Univ. of Rochester
W.D.N.Y. · 2018 · signal: see · confidence high
See Lyman v. CSX Trans., Inc. , 364 Fed.Appx. 699 , 701 (2d Cir. 2010) (summary order) (finding that district court need not consider claims raised for the first time in opposition to summary judgment).
discussed Cited "see" Toussaint v. NY Dialysis Services, Inc.
S.D.N.Y. · 2017 · signal: see · confidence high
See Seeman v. Gracie Gardens Owners Corp., 794 F.Supp.2d 476, 482 (S.D.N.Y. 2011) (“Allowing [the plaintiff] to proceed on this new theory of liability would effectively amend the complaint that the summary judgment stage. ‘An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.’ ”) (quoting Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir. 2010)); Casseus v. Verizon N.Y., Inc., 722 F.Supp.2d 326, 344 (E.D.N.Y. 2010) (“[C]ourts generally do not consider claims or completely new theories of liability asserted for the first time in opp…
discussed Cited "see" Bowman v. CSX Transportation, Inc.
N.D.N.Y. · 2014 · signal: see · confidence high
See Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010) ("An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” (quoting 5 Charles Alan Wright & Arthur R.
discussed Cited "see" Weber v. City of New York
E.D.N.Y · 2013 · signal: see · confidence high
See Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701 (2d Cir.2010) ("An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.” (quoting 5 Charles Alan Wright & Arthur R.
discussed Cited "see" J.E. ex rel. Edwards v. Center Moriches Union Free School District
E.D.N.Y · 2012 · signal: see · confidence high
See Lyman v. CSX Transp., Inc., 364 Fed.Appx. 699, 701-02 (2d Cir.2010) (affirming the district court’s holding that it should not consider claims raised for the first time in plaintiffs opposition to summary judgment); Greenidge v. Allstate Ins.
discussed Cited "see, e.g." International Supply, LLC v. Hudson Meridian Construction Group, LLC
D. Conn. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Lyman v. CSX Transp., Inc. 364 F. App’x 699, 702 (2d Cir. 2010) (summary order) (affirming the district court’s decision not to consider “new theories of liability” that were raised for the first time in an opposition to summary judgment); Greenidge v. Allstate Ins.
discussed Cited "see, e.g." Fay v. City of Newburgh
S.D.N.Y. · 2024 · signal: see also · confidence medium
“A party is not entitled to amend his complaint on summary judgment.” Lewis v. Lee, 737 F. App'x 24 , 29 (2d Cir. 2018); see also Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701-702 (2d Cir. 2010) (rejecting a claim raised for the first time in opposition to a summary judgment motion); Southwick Clothing LLC v. GFT (USA) Corp., No. 99 Civ. 10 10452 (GBD), 2004 WL 2914093 , at *6 (S.D.N.Y.
discussed Cited "see, e.g." Carzoglio v. Paul
S.D.N.Y. · 2024 · signal: see also · confidence medium
“A party is not entitled to amend his complaint on summary judgment.” Lewis v. Lee, 737 F. App'x 24 , 29 (2d Cir. 2018); see also Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701-702 (2d Cir. 2010) (rejecting a claim raised for the first time in opposition to a summary judgment motion); Southwick Clothing LLC v. GFT (USA) Corp., No. 99 Civ. 10 10452 (GBD), 2004 WL 2914093 , at *6 (S.D.N.Y.
discussed Cited "see, e.g." Thomas v. Venditto
E.D.N.Y · 2023 · signal: see, e.g. · confidence medium
See, e.g., Lyman v. CSX Tramp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (finding that the district court did not abuse its discretion in declining to consider new theories of liability raised for the first time in opposition to summary judgment); Greenidge v. Allstate Ins.
discussed Cited "see, e.g." Cooper v. City of New York
E.D.N.Y · 2022 · signal: see also · confidence medium
See Vaughn v. Phoenix House New York Inc., 957 F.3d 141 , 146 (2d Cir. 2020) (explaining that the law-of-the-case doctrine bars revisiting prior rulings absent an intervening change in law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice); see also Lyman v. CSX Transp., Inc., 364 F. App’x 699, 701 (2d Cir. 2010) (a court need not consider claims raised for the first time in opposition to summary judgment) (collecting cases).
Arthur J. LYMAN, Plaintiff-Appellant,
v.
CSX TRANSPORTATION, INC., Defendant-Appellee
09-2548-cv.
Court of Appeals for the Second Circuit.
Feb 8, 2010.
364 F. App'x 699
Mary E. Dixon, White and Williams LLP, Philadelphia, PA, for Appellant., Dan Himmelfarb, Mayer Brown LLP, Washington, D.C. (Melanie Wilson Rugha-ni, Mayer Brown LLP, Washington, D.C., Scott A. Barbour, Matthew P. Barry, McNamee, Lochner, Titus & Williams, P.C., Albany, NY, on the brief), for Appel-lee.
Calabresi, Raggi, Cudahy.
Cited by 61 opinions  |  Unpublished

SUMMARY ORDER

Plaintiff Arthur J. Lyman, a stevedore, appeals an award of summary judgment in favor of his employer CSX Transportation, Inc. (“CSXT”), on Lyman’s Federal Employers’ Liability Act (“FELA”) claim, 45 U.S.C. § 51 et seq., for negligent failure to provide a safe work environment, causing him to suffer a bruised knee. Our standard of review is de novo, see Ollman v. Special Bd. of Adjustment No. 1063, 527 F.3d 239, 245 (2d Cir.2008), and we will affirm only if the record, viewed in the light most favorable to Lyman, reveals no genuine issue of material fact, see Fed. R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). We assume the parties’ familiarity with the facts and record of prior proceedings, which we reference only as necessary to explain our decision to affirm.

1. FELA

FELA provides, in pertinent part, that “[ejvery common carrier by railroad ... shall be liable in damages to any person suffering injury while he is employed by such carrier ... for such injury or death resulting in whole or in part from the negligence of ... such carrier.” 45 U.S.C. § 51. We have held that FELA adopts a relaxed standard for both negligence and causation, see Williams v. Long Island R.R., 196 F.3d 402, 406 (2d Cir.1999); Ulfik v. Metro-North Commuter R.R., 77 F.3d 54, 58 & n. 1 (2d Cir.1996), and that “[t]he right of the jury to decide issues of fact should ... be liberally construed,” Ulfik v. Metro-North Commuter R.R., 77 F.3d at 58. Nevertheless, “FELA is not a strict liability statute.” Williams v. Long Island R.R., 196 F.3d at 406. “Claimants must at least offer some evidence that would support a finding of negligence.” O’Hara v. Long Island R.R., 665 F.2d 8, 9 (2d Cir.1981).

[*701] 2. CSXT’s Alleged Negligent Failure To Warn of License Plate Holder

Plaintiff asserts that CSXT negligently failed to provide a safe work environment because it did not inspect the vehicle at issue and warn employees of the risks presented by license plate holders such as the one on which plaintiff bruised his knee. “Reasonable care is determined in light of whether or not a particular danger was foreseeable.” Syverson v. Consol. Rail Corp., 19 F.3d 824, 826 (2d Cir.1994) (citing Gallick v. Baltimore & Ohio R.R., 372 U.S. 108, 117, 83 S.Ct. 659, 9 L.Ed.2d 618 (1963)). In Syverson, we allowed a negligence claim to go forward because the employer had received complaints about the alleged hazard and another employee had suffered injury in the past. 19 F.3d at 827. In this case, plaintiff adduced no evidence indicating that CSXT knew or should have known that license plate holders posed a risk to workers or even that one was affixed to the vehicle in question. See Higgins v. Metro-North R.R., 318 F.3d 422, 427 (2d Cir.2003) (holding that plaintiff who fails to demonstrate employer’s awareness of any particular threat posed by circumstance at issue cannot prove negligence); Gallose v. Long Island R.R., 878 F.2d 80, 85 (2d Cir.1989) (“The catalyst which ignites th[e] duty is knowledge, either actual or constructive.”). Nor has plaintiff adduced any evidence suggesting that it would have been reasonable or beneficial for CSXT to undertake a program of inspection that might have revealed the challenged license plate holder when employees, including plaintiff, already knew that some vehicles were equipped with such fixtures. Accordingly, like the district court, we conclude that plaintiff has not adduced sufficient evidence to permit a jury finding that CSXT was negligent in failing to warn him of the complained-of license plate holder.

3. CSXT’s Alleged Negligence Regarding Chock Straps and Lighting

Plaintiff also contends that his workplace was unsafe because (a) the Nissan vehicle that allegedly injured him was “over-restrained,” such that it inched forward when plaintiff removed the chock straps securing it, Appellant’s Br. at 28, and (b) it was too dark for him to see the license plate holder. The district court noted that these claims “need not be considered” because plaintiff raised them for the first time in opposition to summary judgment. Hr’g Tr. at 16. We agree with the district court. See Greenidge v. Allstate Ins. Co., 446 F.3d 356, 361 (2d Cir.2006) (declining to reach merits of argument raised for first time in opposition to summary judgment); Syracuse Broad. Corp. v. Newhouse, 236 F.2d 522, 525 (2d Cir.1956) (holding that district court was “justified” in “brushfing] aside” further argument not alleged in complaint but raised for first time in opposition to summary judgment); see also 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1183, at 23 n. 9 (3d ed.2004) (“An opposition to a summary judgment motion is not the place for a plaintiff to raise new claims.”).

Plaintiff submits that his general complaint that “the defendant railroad negligently, recklessly and carelessly failed to provide plaintiff with a reasonably safe place to work” and “negligently, recklessly and carelessly assigned the plaintiff to work in dangerous or hazardous conditions” sufficiently raises these claims. Compl. ¶ 8. Further, plaintiff contends that his answers to defendant’s interrogatories alerted CSXT to his complaint that the strap tension was too tight and that the work environment was too dark. We have reviewed plaintiffs complaint and interrogatory response, and we conclude that they were insufficient to put defen[*702] dant on notice of plaintiff’s new negligence claims. See Greenidge v. Allstate Ins. Co., 446 F.3d at 361 (“[T]he central purpose of a complaint is to provide the defendant with notice of the claims asserted against it.... ”). While plaintiffs interrogatory answers contained a brief reference to the fact that “[t]he particular automobile ... was strapped down very tightly,” Pl.’s Answers to Interogs. ¶ 17, they clearly attributed defendant’s negligence to the challenged license plate holders, see id. ¶¶ 18 (“The defendant failed to notify its employees ... that the cars on the autorack rail car had license plate brackets mounted to the front bumpers, which condition reduced the amount of distance between the cars on autorack rail cars and created a hazardous condition.”), 19 (“The defendant should have had regulations and/or policies in place to warn its employees of the dangerous condition created by the existence of license plate brackets on cars loaded on autorack rail cars.”), 21 (“The license plate bracket was unusual and the plaintiff would not have been injured had it not been mounted on the front of the vehicle he was working with at the time.”). Finally, we note that plaintiff could have sought leave to amend his complaint, but did not do so. Accordingly, we cannot conclude that the district court abused its discretion in failing to consider plaintiffs new theories of liability. See Greenidge v. Allstate Ins. Co., 446 F.3d at 361 (“[A] district court does not abuse its discretion when it fails to grant leave to amend a complaint without being asked to do so.”).

We have considered plaintiffs other arguments on appeal and conclude that they lack merit. Accordingly, we AFFIRM the judgment of the district court.