Fuoco v. Boyle Bros.

Order unanimously reversed, with costs, and motion granted. Memorandum: The infant plaintiff was injured on September 26, 1966 while riding as a passenger in a school bus when it was struck in the rear by a truck owned by defendant. A note of issue and statement of readiness were filed on his behalf on January 16, 1970 indicating that all pleadings and disclosure proceedings had'been waived. A bill of particulars served on the defendant on November 21, 1968 (well over a year earlier) had alleged that the infant had suffered serious head and brain injuries. On December 28, 1970, two years…