Legal Opinion

Germana v. Chase Manhattan Bank, N. A.

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1986PublishedCited by 1 opinion

1Opinion of the Court

*501In our view, the amended bills of particulars served after the case was marked off the Trial Calendar — at plaintiffs’ request and during jury selection — alleged new injuries, and thus defendant Chase was entitled to additional discovery with respect to the new claims. (See, O’Neill v Schlessinger, 86 AD2d 842; see also, Portilla v Boyke, 51 AD2d 539.) That discovery, however, should be limited to a further physical examination and deposition as to any new matter alleged. Since Special Term directed that plaintiff’s July 1985 CAT scans be made available to Chase, we see no need for any…

2Cases cited2 opinions

  1. Portilla v. BoykeAppellate Division of the Supreme Court of the State of New York · 1976
  2. O'Neill v. SchlessingerAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Pohle v. Gayle's Store Front Glass & Hardware Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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