Corning v. Rye Radiology Associates

Appellate Division of the Supreme Court of New York

Corning v. Rye Radiology Associates

194 A.D.2d 760, 599 N.Y.S.2d 1010, 1993 N.Y. App. Div. LEXIS 6716

Appellate Division of the Supreme Court of the State of New York·Decided June 28, 1993·Published

Opinion

—In an action to recover damages for medical malpractice, the defendants Roy C. Gumpel and the Rye Medical Center appeal from so much of an order of the Supreme Court, Westchester County (Wood, J.), entered April 16, 1991, as denied their motion to strike stated paragraphs of the plaintiff’s bills of particulars and preclude the [761]*761plaintiff from introducing evidence at trial regarding those items for which particulars were demanded.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiffs bills of particulars were specific enough and were in conformity with the requirements of CPLR 3043 (a) (3). Thompson, J. P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

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—In an action to recover damages for medical malpractice, the defendants Roy C. Gumpel and the Rye Medical Center appeal from so much of an order of the Supreme Court, Westchester County (Wood, J.), entered April 16, 1991, as denied their motion to strike stated paragraphs of the plaintiff’s bills of particulars and preclude the [761]*761plaintiff from introducing evidence at trial regarding those items for which particulars were demanded.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiffs bills of particulars were specific enough and were in conformity with the requirements of CPLR 3043 (a) (3). Thompson, J. P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

Corning v. Rye Radiology Associates, 194 A.D.2d 760, 599 N.Y.S.2d 1010, 1993 N.Y. App. Div. LEXIS 6716 (N.Y. Ct. App. 1993).

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194 A.D.2d 760 (Corning v. Rye Radiology Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.