Portilla v. Boyke

In a negligence action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Kings County, entered June 12, 1975, which, inter alia, granted plaintiffs’ motion for leave to serve an amended bill of particulars. Order affirmed, with $50 costs and disbursements. Under the facts and circumstances of this case, the granting of plaintiffs’ motion was a reasonable exercise of discretion. Leave to serve an amended bill of particulars, in the absence of a showing of prejudice, should be freely granted (see CPLR 3025, subd [b]; 3 Weinstein-Korn-Miller,…