Legal Opinion
Cossart v. Predenburgh
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1975PublishedCited by 4 opinions
1Opinion of the Court
— Appeal from an order of the Supreme Court at Special Term, entered March 1, 1975 in Albany County, which allowed plaintiff to serve a supplemental bill of particulars. The granting of a motion to amend a bill of particulars is within the sound discretion of the court (Hrusko v Public Serv. Coordinated Tr. Corp., 40 AD2d 659). In the absence of a showing of prejudice, as is the situation here, leave to amend or supplement a bill of particulars should be freely granted (CPLR 3025, subd [b]; Maloney v Union Free School Dist. No. 7, 46 AD2d 789). The plaintiff does not seek to allege a new…
2Cases cited2 opinions
- Hrusko v. Public Service Coordinated Transport Corp.Appellate Division of the Supreme Court of the State of New York · 1972
- Maloney v. Union Free School District No. 7Appellate Division of the Supreme Court of the State of New York · 1974
3Cited by4 opinions
- Albany Crane Service, Inc. v. Pettibone Mulliken Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Best v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1982
- Adams v. BurkowskiAppellate Division of the Supreme Court of the State of New York · 1978
- O'Dell v. TurnerAppellate Division of the Supreme Court of the State of New York · 1978