Skerencak v. Fischman

Order affirmed without costs. Memorandum: Supreme Court properly granted plaintiff’s motion. Plaintiff was entitled to serve a supplemental bill of particulars at least 30 days before trial (CPLR 3043 [b]); Rodriguez v Port Auth., 147 AD2d 625, 626; Portnow v Shelter Rock Pub. Lib., 125 AD2d 382). Moreover, the record establishes that defendant was aware of the additional surgeries as early as May 2, 1988 and was provided with copies of Dr. Myerson’s reports prior to plaintiff’s being examined by defendant’s physician in November, 1989. Therefore, defendant cannot claim either surprise or…