PORTILLA v. BOYKE


51 A.D.2d 539 (1976)

Alba Portilla et al., Respondents, v. Joseph Boyke et al., Appellants

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

January 12, 1976


Order affirmed, with $50 costs and disbursements. Under the facts and circumstances of this case, the granting of plaintiffs' motion was a reasonable exercise of discretion.

Leave to serve an amended bill of particulars, in the absence of a showing of prejudice, should be freely granted (see CPLR 3025, subd [b]; 3 Weinstein-Korn-Miller, NY Civ Prac, par 3041.21). In this case there is no prejudice to defendants as the order appealed from grants them leave to conduct...

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