Sampson v. Contillo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, etc., the defendant Michael A. Contillo appeals from an order of the Supreme Court, Westchester County (Nicolai, J.), entered May 4, 2007, which granted the plaintiffs’ motion for leave to serve an amended bill of particulars and deemed the amended bill of particulars served upon him.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs’ motion for leave to serve an amended bill of particulars is denied.
*592“Generally, ‘[i]n the absence of prejudice or surprise to the opposing…
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