Bauch v. Verrilli

— Mercure, J.

Appeal from an order of the Supreme Court (Harris, J.), entered June 11, 1990 in Ulster County, which denied defendants’ motions to vacate plaintiffs’ supplemental bill of particulars.

Plaintiffs commenced this action to recover for the conscious pain and suffering and wrongful death of their son as the result of defendants’ alleged malpractice. It is undisputed that the child died less than seven hours after his birth in March 1983. Plaintiffs served bills of particulars upon each defendant in early 1985 and on March 31, 1989 served what they denominated a "supplemental” bill of…