Gonzalez v. Colella

Judgment, Supreme Court, New York County, entered June 6, 1975, for defendant, upon a jury verdict, unanimously affirmed, without costs and without disbursements. Plaintiff alleges he sustained injuries when struck by a truck at the intersection of First Avenue and 13th Street in New York County. Plaintiff testified at trial, as he alleged in his amended bill of particulars, that he was traveling north by bicycle on First Avenue when the accident occurred. However, in the original bill of particulars plaintiff alleged that he was traveling south at the time of the accident. While the bills of…