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PINES v. MUSS DEV. CO., INC.

172 A.D.2d 600 (1991)

Shirley Pines, Respondent, v. Muss Development Company, Inc., Defendant, and Westinghouse Elevator Co., Inc., Appellant. (And a Third-Party Title.)

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

April 8, 1991

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

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion by refusing to strike that portion of the plaintiff's supplemental bill of particulars which itemized damages for lost earnings. While a supplemental bill of particulars may not be used to claim a "wholly new category of special damages" (Pearce v Booth Mem. Hosp., 152...

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