Reape v. City of New York
Appellate Division of the Supreme Court of the State of New York
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
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Maxwell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Byrd v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Ogle v. StateAppellate Division of the Supreme Court of the State of New York · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Seargent v. BerbenAppellate Division of the Supreme Court of the State of New York · 1997
- Reape v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- McGowan v. Kornos Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Nicoletti v. PiazzaAppellate Division of the Supreme Court of the State of New York · 1998
- 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.