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

251 A.D.2d 70 (1998)

674 N.Y.S.2d 297

Manuel Sahdala, Individually and as Administrator of The Estate of Juana Sahdala, Deceased, Respondent, v. New York City Health & Hospitals Corporation et al., Appellants

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

June 9, 1998

The motion court properly exercised its discretion in granting plaintiff leave to amend his bill of particulars to include a claim premised upon the decedent's lost earnings (see, Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957, 958). The amendment, although belated, did not prejudice defendants since, from the inception of the action, defendants were aware that plaintiff's decedent worked and contributed to plaintiff...

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