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WHALEN v. MARSHALL

146 Misc.2d 149 (1989)

Kathleen Whalen, Plaintiff, v. David Marshall et al., Defendants.

Supreme Court, Rensselaer County.

December 20, 1989

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case, Blackmore & Napierski for defendants. Pegalis & Wachsman, P. C., for plaintiff.

WILLIAM H. KENIRY, J.

Defendant doctors in this malpractice action move for an order pursuant to CPLR 3042 and 3043 precluding plaintiff from introducing evidence at trial concerning new allegations of malpractice allegedly first set forth in plaintiff's amended bill of particulars served on May 23, 1989 upon the grounds that such additional allegations of malpractice were first alleged after the filing of...

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