Barksdale v. New York City Transit Authority

—Order, Supreme Court, Bronx County (Louis Benza, J.), entered February 8, 2001, which granted defendant’s motion in limine to preclude plaintiff from offering evidence respecting defective design, unanimously affirmed, without costs.

*211Plaintiffs notice of claim set forth a theory of liability based on the lack of and/or improperly maintained safety chains between the subway cars where the decedent allegedly fell. After expiration of the period within which amendment of her notice of claim would have been permissible, i.e. the statute of limitations, plaintiff served a bill of particulars…