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BIELAWSKI v. EDGEWATER RECREATION, INC.

177 A.D.2d 1060 (1991)

Margaret E. Bielawski et al., Appellants, v. Edgewater Recreation, Inc., Respondent and Third-Party Plaintiff-Respondent, and Edgewater Recreation Condominiums, Respondent and Second Third-Party Plaintiff-Respondent. Lauer-Manguso & Associates, Third-Party Defendant-Respondent and Second Third-Party Defendant-Respondent and Fourth-Party Plaintiff-Respondent; Waldemar Tiedemann, Inc., Fourth-Party Defendant-Respondent

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

November 15, 1991

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

We conclude that it was an improvident exercise of discretion to deny plaintiffs' motion to amend their bills of particulars and to preclude the use of testimony by plaintiffs' expert at trial (see, CPLR 3025 [b]; Moore v New York City Tr. Auth., 161 A.D.2d 505; Scarangello v State of New York, 111 A...

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