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BOLAND v. KOPPELMAN

251 A.D.2d 176 (1998)

674 N.Y.S.2d 349

Carol Boland, Respondent, v. Joseph Koppelman, Appellant

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

June 18, 1998

Defendant's so-called "supplemental" bill of particulars, actually an amended bill of particulars (compare, CPLR 3042 [b], with CPLR 3043 [b]), alleging for the first time that plaintiff was intoxicated at the time of the accident, was a nullity, since it was served without leave of the court after the filing of the note of issue (CPLR 3042 [b]; Leon v First Natl. City Bank, 224 A.D.2d 497). In any event, deeming defendant...

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