Maria DeLeon sued the New York City Housing Authority (NYCHA) claiming that missing bathroom floor tiles caused her fall.
When NYCHA asked the Bronx County Supreme Court to dismiss her case, DeLeon shifted gears and argued that a two-inch gap between the bathroom and hallway flooring contributed to her injuries.
Because she asserted a "new and distinct theory of liability" in opposition to NYCHA's dismissal request, the Appellate Division, First Department, was of the view the lower court had properly refused to consider her argument.
Was that for good measure?
To view a copy of the Appellate Division's decision, please use this link: Deleon v. New York City Hous. Auth.