MONTANA v. NORTH SHORE UNIV. HOSP.


152 A.D.2d 545 (1989)

Rudolph Montana, Individually and as Administrator of The Estate of Ruth Montana, Deceased, Respondent, v. North Shore University Hospital, Defendant, and Irwin R. Cohen et al., Appellants

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

July 3, 1989


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

Pursuant to CPLR 3042 (g), the plaintiff had the right to amend his bill of particulars once as of course prior to the filing of a note of issue. Thus, the court did not err in vacating its prior order granting the appellants' respective motion and cross motion to strike the amended bill of particulars so served (see, Simino v St. Mary's Hosp...

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