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COSSART v. FREDENBURGH

50 A.D.2d 993 (1975)

Richard Cossart, Respondent, v. Ingebord H. Fredenburgh, Doing Business as Inge's Diner, Defendant and Third-Party Plaintiff-Appellant. L & B Products Corp., Third-Party Defendant-Respondent

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

December 18, 1975

The granting of a motion to amend a bill of particulars is within the sound discretion of the court (Hrusko v Public Serv. Coordinated Tr. Corp., 40 A.D.2d 659). In the absence of a showing of prejudice, as is the situation here, leave to amend or supplement a bill of particulars should be freely granted (CPLR 3025, subd [b]; Maloney v Union Free School Dist. No. 7, 46 A.D.2d 789). The plaintiff...

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