Robinson v. New York City Housing Authority

Plaintiff’s cross motion to amend his complaint and bill of particulars to assert a claim under Multiple Dwelling Law § 62 was untimely since the claim is based on a theory not previously advanced and the applicable statute of limitations has expired (see CPLR 203 [f]). The new theory went beyond mere amplification of the pleadings, constituting a new, distinct, and independent theory of liability (Lopez v New York City Hous. Auth., 16 AD3d 164, 165 [2005]). In any event, even had plaintiff timely asserted this claim, Multiple Dwelling Law § 62 is inapplicable here where the structure from…