Dubose v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Dubose v. New York City Health & Hospitals Corp.

229 A.D.2d 312, 645 N.Y.S.2d 18, 1996 N.Y. App. Div. LEXIS 7527

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

DecidedJuly 2, 1996

StatusPublished

Cited by1 cases

This text of 229 A.D.2d 312 (Dubose v. New York City Health & Hospitals Corp.) 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

Dubose v. New York City Health & Hospitals Corp., 229 A.D.2d 312, 645 N.Y.S.2d 18, 1996 N.Y. App. Div. LEXIS 7527 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J), entered January 11, 1995, which granted defendants’ motion to strike plaintiff’s amended bill of particulars, unanimously reversed, on the law, without costs, and the motion denied.

Under CPLR 3042 (b) (CPLR 3042 [former (g)]), a party is entitled to amend the bill of particulars once as of right, regardless of the timing, so long as the note of issue has not been filed. Here, since plaintiff sought to amend his bill of particulars before the note of issue was filed, his amendment should have been allowed (Scalamandre v Caruso, 151 AD2d 467). In any case, in the absence of special circumstances, which were not shown here, defendants were required to move to strike the amended bill within 10 days of its receipt (CPLR 3042 [former (d)]). Their failure to so move for over nine months was therefore fatal to their claim. Concur—Milonas, J. P., Ellerin, Rubin, Kupferman and Ross, JJ.

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—Order, Supreme Court, Bronx County (Douglas McKeon, J), entered January 11, 1995, which granted defendants’ motion to strike plaintiff’s amended bill of particulars, unanimously reversed, on the law, without costs, and the motion denied.

Under CPLR 3042 (b) (CPLR 3042 [former (g)]), a party is entitled to amend the bill of particulars once as of right, regardless of the timing, so long as the note of issue has not been filed. Here, since plaintiff sought to amend his bill of particulars before the note of issue was filed, his amendment should have been allowed (Scalamandre v Caruso, 151 AD2d 467). In any case, in the absence of special circumstances, which were not shown here, defendants were required to move to strike the amended bill within 10 days of its receipt (CPLR 3042 [former (d)]). Their failure to so move for over nine months was therefore fatal to their claim. Concur—Milonas, J. P., Ellerin, Rubin, Kupferman and Ross, JJ.

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Bluebook (online)

229 A.D.2d 312, 645 N.Y.S.2d 18, 1996 N.Y. App. Div. LEXIS 7527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dubose-v-new-york-city-health-hospitals-corp-nyappdiv-1996.

Opinion

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