Sampson v. Barber Salvage Co.

Schnepp and Callahan, JJ. (dissenting).

We respectfully dissent. In our view, Special Term improvidently exercised its discretion in denying plaintiff’s application for leave to serve an amended bill of particulars. Leave to serve an *978amended bill of particulars should be freely granted (CPLR 3025, subd [b]). While CPLR 3025 (subd [b]) does not expressly apply to a bill of particulars, the standard used to decide a motion for leave to amend a bill of particulars appears to be akin to that under CPLR 3025 (subd [b]) for amended pleadings. Therefore, in the absence of a showing that prejudice…