The proposed amendment alleges no facts materially at variance with those pleaded in the original complaint. The complaint, as amplified by the bill of particulars, adequately put defendant-respondent on notice with respect to a cause of action in negligence, so that the claim to be interposed related back to the complaint for purposes of the Statute of Limitations (CPLR 203 [e]). Discovery is not yet complete and defendant has not demonstrated that he will suffer substantial...
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