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JOSEPH v. EAST PENN TRUCKING CO.

193 A.D.2d 465 (1993)

598 N.Y.S.2d 708

David Joseph, Respondent, v. East Penn Trucking Company, Appellant, et al., Defendant. (And a Third-Party Action.)

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

May 13, 1993

It was not an abuse of discretion to grant plaintiff's cross motion to serve an amended bill of particulars absent a showing by defendant that the amended bill of particulars would cause it prejudice (Scarangello v State of New York, 111 A.D.2d 798; Koch v St. Francis Hosp., 112 A.D.2d 142). The amendment will not preclude cross-examination on, or diminish the importance of, the earlier...

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