Dimino v. Rosenfeld

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated June 4, 2002, which denied their motion, in effect, for leave to amend their bill of particulars to assert a *372claim of an illegal fee-splitting arrangement in violation of Education Law § 6509-a and 8 NYCRR 29.1.

Ordered that the order is affirmed, with costs.

Leave to amend a bill of particulars ordinarily is to be freely given in the absence of prejudice or surprise. When leave to amend a bill of particulars is sought on the eve of trial,…