Legal Opinion
Witherspoon v. Surat Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2011PublishedCited by 5 opinions
1Opinion of the Court
The Supreme Court properly denied that branch of the defendants’ motion which was to strike the plaintiffs supplemental bill of particulars, including the particulars of the plaintiffs left shoulder surgery. Fursuant to CPLR 3043 (b), a plaintiff may serve a supplemental bill of particulars containing “continuing special damages and disabilities” without leave of the court if it alleges “no new cause of action ... or new injury.” Where, as here, the plaintiff seeks to allege continuing consequences of the injuries suffered and described in previous bills of particulars, rather than new and…
2Cases cited10 opinions
- Audiovox Corp. v. BenyaminiAppellate Division of the Supreme Court of the State of New York · 2000
- Tate v. ColabelloNew York Court of Appeals · 1983
- Ferraro v. North Babylon Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Schenk v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1999
- Shahid v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Erickson v. Cross Ready Mix, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Restuccio v. CaffreyAppellate Division of the Supreme Court of the State of New York · 2014
- Erickson v. Cross Ready Mix, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Nieto v. DeveauCivil Court of the City of New York · 2016
- Restuccio v. CaffreyAppellate Division of the Supreme Court of the State of New York · 2014