VEGA v. LENOX HILL HOSP.


235 A.D.2d 302 (1997)

652 N.Y.S.2d 293

Maria Vega, as Administratrix of The Estate of Corrine Vega, Deceased, Appellant, v. Lenox Hill Hospital et al., Respondents

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

January 21, 1997


The motion to amend the bill of particulars was properly denied where it was made on the eve of trial, 10 years after the alleged malpractice and 8 years after service of the original bill of particulars, and plaintiffs failed to offer an adequate explanation for such delay. Further, the proposed amendment propounds material changes, introducing new theories of malpractice inconsistent with those previously alleged, such that defendants would be severely prejudiced were the...

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