The First Department granted defendant's motion to strike two claims in plaintiff's bill of particulars, namely, that defendant (1) negligently failed to hire enough competent employees, and (2) failed to adhere to applicable ordinances, codes and statutes, in DeJesus v. New York City Housing Authority, which was decided on December 28, 2007.

Plaintiff tripped and fell on a sidewalk abutting premises controlled by defendant, and near an area that was used to recycle tenants' garbage. Plaintiff's notice of claim alleges that defendant was negligent by locking the area so that garbage accumulated on the sidewalk, in not providing another location for tenants to dispose of their garbage, and in failing to maintain and inspect the area. There was nothing in the notice of claim about defendant's negligent failure to hire enough employees and to ensure their competence. Accordingly, this is a new theory of liability that must be stricken from the bill of particulars.

Regarding the allegation that defendant failed to adhere to applicable ordinances, codes and statutes, the court said this was a vague and open-ended assertion which amplified nothing in the notice of claim, and that it too must be stricken from the bill of particulars.