When it comes to your notice of claim, what is written is written.

In this matter, plaintiff's notice of claim, in pertinent part, had read:

"[I]nfant claimant while lawfully walking in the vicinity of said dumpster was accosted, beaten, assaulted and robbed by unknown assailants who had hidden about said dumpster. That the aforesaid occurred as a result of the negligence of [defendant], its agents and/or employees in the ownership, maintenance and control of said housing project and parking lot and areas thereof; in failing to provide adequate, sufficient and operable lighting at said location with prior knowledge of similar criminal conduct and activity in the immediate vicinity and location where the plaintiff was harmed."

Plaintiff's complaint, though, alleged that defendant failed to maintain its premises in a reasonably safe condition in that it did not provide adequate lighting and security in the vicinity of the assault and robbery. The First Department dismissed the inadequate security claim, in Monmasterio v. New York City Housing Authority, decided on April 19, 2007. The court said that "nothing in the notice of claim would have alerted defendant to the need to investigate the number and adequacy of the security personnel it employed, and plaintiffs were not free subsequently to interject a new, distinct theory of liability without leave of court."