CABRERA v. HEISS


38 A.D.2d 918 (1972)

Juan Cabrera, an Infant, by the Guardian of His Person and Property Tsirias De Js Cabrera et al., Respondents, v. Sam Heiss et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 1972


There is here no abuse of discretion by Special Term. The amendment to the bill of particulars merely allows the infant plaintiff to set forth his predisposition and aggravation of a pre-existing condition — hypertension. The issue of the cause and effect of his condition arose in April, 1971, after the filing of the note of issue and statement of readiness. Immediately upon discovering that an impartial panel doctor reported that, in his opinion, the hypertension...

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