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MEEKS v. CITY OF NEW YORK

193 A.D.2d 465 (1993)

597 N.Y.S.2d 363

Pearl Meeks, Appellant, v. City of New York, Respondent. (And a Third-Party Action.)

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

May 13, 1993

The testimony regarding post traumatic arthritis was properly precluded by the Trial Judge. Not only did plaintiff fail to include this condition in her bill of particulars (see, Ciriello v Virgues, 156 A.D.2d 417, 418-419), but the doctor who was to testify about said condition noted that in cases concerning injuries similar to plaintiff's, there was only a 35 to 45 per cent chance...

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