Legal Opinion

Olivo v. Nazario

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

Decided October 31, 2017No. 4872N 300125/12Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered January 26, 2017, which denied the motion of defendant New York City Housing Authority (NYCHA) to strike plaintiff’s supplemental bill of particulars and preclude his expert, unanimously modified, on the law and the facts, to permit limited discovery on newly specified claims of future surgery, and otherwise affirmed, without costs.

Plaintiff’s supplemental bill of particulars did not claim new injuries, but sequelae of the original injuries pleaded (see Spiegel v Gingrich, 74 AD3d 425, 427 [1st Dept 2010]; Maisonet v New York…

2Cases cited4 opinions

  1. Villalona v. Bronx-Lebanon Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1999
  2. Spiegel v. GingrichAppellate Division of the Supreme Court of the State of New York · 2010
  3. Hartnett v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  4. Maisonet v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2000

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