Luther Johnson sued the City of New York and the New York City Housing Authority (NYCHA) after a slip and fall on a sidewalk near a NYCHA building.
Because it wasn't responsible for maintaining the sidewalk where Luther supposedly fell, the City asked to be let out of the case. But NYCHA countered that witnesses observed Luther falling in the street and that the City would thus be liable.
But because the accident was alleged to have occurred on the sidewalk (rather than in the street), and it was "too late" for Luther to change his claim, the Appellate Division, First Department, thought the City's dismissal request should have been granted.
Krrrrryptonite!
To view a copy of the Appellate Division's decision, please use this link: Johnson v. City of New York