Bass v. A & D Service Station

Appellate Division of the Supreme Court of New York

Bass v. A & D Service Station

202 A.D.2d 464, 610 N.Y.S.2d 797, 1994 N.Y. App. Div. LEXIS 2396

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

DecidedMarch 14, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 464 (Bass v. A & D Service Station) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bass v. A & D Service Station, 202 A.D.2d 464, 610 N.Y.S.2d 797, 1994 N.Y. App. Div. LEXIS 2396 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 10, 1992, as granted that branch of the defendant’s motion which was to direct the plaintiff to serve a responsive supplemental bill of particulars.

Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the trial court’s conclusion that "special circumstances” were presented, including the plaintiff’s stipulation that he would serve a responsive supplemental bill of particulars, justifying the defendant’s delay in moving for the relief granted (see, Kean v Community Gen. Hosp., 158 AD2d 897; cf., Martin v We’re Assocs., 127 AD2d 568). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 10, 1992, as granted that branch of the defendant’s motion which was to direct the plaintiff to serve a responsive supplemental bill of particulars.

Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the trial court’s conclusion that "special circumstances” were presented, including the plaintiff’s stipulation that he would serve a responsive supplemental bill of particulars, justifying the defendant’s delay in moving for the relief granted (see, Kean v Community Gen. Hosp., 158 AD2d 897; cf., Martin v We’re Assocs., 127 AD2d 568). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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Bluebook (online)

202 A.D.2d 464, 610 N.Y.S.2d 797, 1994 N.Y. App. Div. LEXIS 2396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-a-d-service-station-nyappdiv-1994.

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