Barry v. Niagara Frontier Transit System, Inc.

Order unanimously reversed, with costs, and motion denied without prejudice to the right of plaintiffs to renew it at Special Term upon proper notice and supporting papers. Memorandum: After a jury was drawn and -this ease was assigned to a Trial Justice for trial, plaintiffs, without prior notice to defendant and without supporting affidavit or other papers, made an oral motion for permission to serve a supplemental bill of particulars of the acts of negligence with which they charge defendant, and also asked leave to amend the complaint accordingly. Plaintiffs sought particularly to specify…