Nieto v. Deveau

OPINION OF THE COURT

Richard J. Montelione, J.

Defendant moves for an order to strike plaintiff’s amended bill of particulars, which defendant contends that plaintiff incorrectly refers to as a “2nd Supplemental Bill of Particulars,” and to preclude plaintiff from offering any evidence with respect to any and all treatment by Dr. Ali Guy and Gramercy Park Physical Medicine and Rehabilitation, PC.

As an initial matter, plaintiff argues that defendant’s motion should be denied as she failed to demonstrate timely service of the order to show cause. It is undisputed that defendant’s order to show…