Scalamandre v. Caruso

In an action, inter alia, to recover damages for wrongful death based upon medical malpractice, the defendant appeals, as limited by his *468notice of appeal and brief, from so much of an order of the Supreme Court, Suffolk County (Brown, J.), entered January 19, 1988, as denied his motion to strike the plaintiff’s "verified further bill of particulars”.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff’s "verified further bill of particulars” qualifies as an amended bill of particulars. "[A] party may amend his bill of particulars once as of course before…