GUSMEROTTI v. MARTOCCI


169 A.D.2d 813 (1991)

Kathleen Gusmerotti, Respondent, v. Joseph P. Martocci, Appellant

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

January 28, 1991


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contentions we find that the court did not improvidently exercise its discretion in granting the plaintiff leave to serve an amended bill of particulars. Notwithstanding the fact that a note of issue had previously been served and filed herein, leave to serve an amended bill may still be granted in the interest of justice, absent a showing of prejudice to the defendant...

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