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ROSINSKY v. ANGEL ORENSANZ FOUND., INC.

253 A.D.2d 661 (1998)

677 N.Y.S.2d 363

Therese Rosinsky, Appellant, v. Angel Orensanz Foundation, Inc., et al., Respondents

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

September 17, 1998

The IAS Court improvidently exercised its discretion in denying plaintiff's motion to amend her bill of particulars.

While we recognize that plaintiff's original attorney should have moved to amend as soon as evidence emerged that a permanent height differential existed on the part of the floor where plaintiff tripped and fell on what she had previously thought was merely a bunched-up carpet, that failure alone should not...

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