GUTIERREZ v. ENRIGHT


91 A.D.2d 972 (1983)

Kemeys W. Gutierrez et al., Respondents, v. Steven V. Enright et al., Defendants, and Ford Motor Company, Appellant. (And a Third-Party Action.)

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

January 3, 1983


Order reversed insofar as appealed from, with $50 costs and disbursements, and the aforesaid branch of plaintiffs' motion is denied.

Under the circumstances of this case, Special Term abused its discretion by permitting the plaintiffs to amend their bill of particulars to set forth and specify an entirely new theory of product defect, almost eight years after service of the original bill of particulars, two years after service of the supplemental bill of particulars...

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