Hauch v. Padula

I find that Trial Term abused its discretion by permitting plaintiff to serve a supplemental bill of particulars on the eve of trial, which asserted a new theory of liability.

In October 1977, the plaintiff commenced the instant medi*808cal malpractice action against a number of defendants, including appealing defendant Dr. Donald D. Goldberg (Goldberg). The fourteenth paragraph of the complaint alleges, in pertinent part: "That the plaintiff was injured by reason of the negligence and malpractice of the defendants, in the care and treatment of her; in failing to use those standards required by…