Aken v. Lancaster Development, Inc.

Yesawich, Jr., J.

Appeal (1) from an order of the Supreme Court (Hughes, J.), entered March 26, 1986 in Schoharie County, which granted defendants’ motion to dismiss the complaint for failure to prosecute, and (2) from the judgment entered thereon.

This negligence action, accruing in 1981, initially was reached for trial on March 2, 1984. Following jury selection, plaintiff’s counsel indicated an intention to prove psychological injuries which plaintiff suffered as a result of the accident. As these claimed injuries had not been pleaded or addressed in plaintiff’s bill of particulars, and he…