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DUBOSE v. NEW YORK CITY HEALTH & HOSPS. CORP.

229 A.D.2d 312 (1996)

645 N.Y.S.2d 18

Allen Dubose, Appellant, v. New York City Health and Hospitals Corp. et al., Respondents

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

July 2, 1996

Under CPLR 3042 (b) (CPLR 3042 [former (g)]), a party is entitled to amend the bill of particulars once as of right, regardless of the timing, so long as the note of issue has not been filed. Here, since plaintiff sought to amend his bill of particulars before the note of issue was filed, his amendment should have been allowed (Scalamandre v Caruso, 151 A.D.2d 467). In any case, in the absence of special circumstances, which were...

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