Dimowitz v. New York City Transit Authority

Motion insofar as it seeks resettlement of the order heretofore entered is granted and the notice of claim and bill of particulars are amended on consent so as to indicate more specifically the place of occurrence.

Insofar as the motion seeks to amend the bill of particulars so as to allege as an additional theory of liability that the defendant repaired the condition complained of in a negligent manner, the motion is granted. In the opinion of the court the original bill of particulars appears to be broad enough to encompass, within the allegation that the step was improperly maintained, a…