Rosinsky v. Angel Orensanz Foundation, Inc.

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered January 14, 1998, which denied plaintiff’s motion to amend her bill of particulars, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.

The IAS Court improvidently exercised its discretion in denying plaintiffs motion to amend her bill of particulars.

While we recognize that plaintiffs original attorney should have moved to amend as soon as evidence emerged that a per*662manent height differential existed on the part of the floor where plaintiff tripped and fell on…