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SCALAMANDRE v. CARUSO

151 A.D.2d 467 (1989)

Joan Scalamandre, Individually and as Administratrix of The Estate of Bernard Scalamandre, Deceased, Respondent, v. Benedetto Caruso, Appellant

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

June 5, 1989

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's "verified further bill of particulars" qualifies as an amended bill of particulars. "[A] party may amend his bill of particulars once as of course before trial, prior to the filing of the note of issue" (CPLR 3042 [g]). In any event, the defendant has not demonstrated any prejudice, and will be allowed further discovery or examinations...

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