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TABAK v. SHAW INDUSTRIES, INC.

2015-05536, Index No. 100198/10.

149 A.D.3d 1132 (2017)

2017 NY Slip Op 03213

53 N.Y.S.3d 154

JERZY TABAK, Respondent, v. SHAW INDUSTRIES, INC., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 26, 2017.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was for leave to amend the bill of particulars is denied, and the defendant's cross motion for summary judgment dismissing the complaint is granted.

In the complaint filed in January 2010, the plaintiff alleged that he was injured on August 16, 2007, as a result...

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