Legal Opinion
Al-Khilewi v. Turman
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2011PublishedCited by 6 opinions
1Opinion of the Court
*1022The Supreme Court providently exercised its discretion in denying the plaintiffs cross motion for leave to amend the bill of particulars. The amendment added a claim of exacerbation of preexisting disc herniations, and would require the defendant to reorient his defense strategy (see Barrera v City of New York, 265 AD2d 516, 518 [1999]; Markarian v Hundert, 262 AD2d 369, 370 [1999]). Moreover, the plaintiff failed to offer a reasonable excuse for his delay in seeking to amend the bill of particulars until over two years after the accident and after the note of issue was filed (see Barrera v…
2Cases cited5 opinions
- Toure v. Avis Rent a Car Systems, Inc.New York Court of Appeals · 2002
- Gaddy v. EylerNew York Court of Appeals · 1992
- Kyong Hi Wohn v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1997
- Barrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Markarian v. HundertAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
- Friedman v. 1753 Realty Co.Appellate Division of the Supreme Court of the State of New York · 2014
- Lorincz v. CastellanoAppellate Division of the Supreme Court of the State of New York · 2022
- Ames v. Kamco Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Warshefskie v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
- Ames v. Kamco Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2012
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