Soto v. Trinity Morris Corp.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered January 5, 2005, which denied defendant’s motion to dismiss the complaint as abandoned, and granted that portion of plaintiffs’ cross motion to restore the matter to the calendar while denying that portion seeking leave to amend the bill of particulars, unanimously affirmed, without costs.

The cross motion to amend the bill of particulars lacked both a showing of merit (Posner v Central Synagogue, 202 AD2d 284 [1994], lv dismissed 83 NY2d 953 [1994]) and an adequate excuse for the delay in raising new categories of injuries…