Legal Opinion

Reape v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 1996PublishedCited by 6 opinions

1Opinion of the Court

Based on its own medical records and the plaintiff’s examination before trial, the defendant knew that the plaintiff claimed that he suffered certain side-effects from medications which were prescribed pursuant to an erroneous diagnosis of tuberculosis. As a result, the Supreme Court providently exercised its discretion in allowing testimony at trial about those side-effects, even though the plaintiff omitted this claim *660from his bill of particulars (see, Van Derzee v Knight-Ridder Broadcasting, 185 AD2d 1011; Holbrook v Jamesway Corp., 141 AD2d 905, 907; compare, Porter v Shapiro, 124 AD2d…

2Cases cited11 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Micallef v. Miehle Co.New York Court of Appeals · 1976
  3. Maxwell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  4. Byrd v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
  5. Ogle v. StateAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by6 opinions

  1. Seargent v. BerbenAppellate Division of the Supreme Court of the State of New York · 1997
  2. Reape v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  3. McGowan v. Kornos Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Nicoletti v. PiazzaAppellate Division of the Supreme Court of the State of New York · 1998
  5. Forbes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

1 more not listed; retrieve them via the Exa API.

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