Dubose v. New York City Health & Hospitals Corp.

—Order, Supreme Court, Bronx County (Douglas McKeon, J), entered January 11, 1995, which granted defendants’ motion to strike plaintiff’s amended bill of particulars, unanimously reversed, on the law, without costs, and the motion denied.

Under CPLR 3042 (b) (CPLR 3042 [former (g)]), a party is entitled to amend the bill of particulars once as of right, regardless of the timing, so long as the note of issue has not been filed. Here, since plaintiff sought to amend his bill of particulars before the note of issue was filed, his amendment should have been allowed (Scalamandre v Caruso, 151 AD2d…