Canals v. Lai
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Greco, Jr., J.), entered August 4, 2014, as denied that branch of her motion which was for leave to serve an amended bill of particulars.
Ordered that the order is affirmed insofar as appealed from, with costs.
While leave to amend a bill of particulars is ordinarily to be freely given in the absence of prejudice or surprise (see CPLR 3025 [b]), when leave is sought on the eve of trial, judicial discretion should be exercised…
2Cases cited12 opinions
- Grasso v. AngeramiNew York Court of Appeals · 1991
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- Itzkowitz v. King Kullen Grocery Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Kyong Hi Wohn v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1997
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