Madison v. Sama

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered September 26, 2012, which denied defendants’ preclusion motion, unanimously affirmed, without costs.

*582In this medical malpractice action, plaintiff previously moved for leave to further depose defendant doctor on a previously unspecified theory of liability, excessive blood loss during two surgeries. The motion court granted the relief requested and, in an interim decision, directed plaintiff to serve an amended bill of particulars to spell out more clearly the new theory of liability. On appeal, we reversed the motion…