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MAISONET v. NEW YORK CITY HOUSING AUTHORITY

276 A.D.2d 260 (2000)

713 N.Y.S.2d 728

GABRIEL MAISONET, an Infant, by His Mother and Natural Guardian, MILDRED LANAUZE, et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided October 3, 2000.

We reject defendant's claim that plaintiff's "supplemental" bills of particulars are actually "amended" bills of particulars that allege a new injury distinct from the initial ankle fracture, and that were improperly served without court leave after the note of issue had been filed (CPLR 3042 [b]; 3043 [b]). Allegedly, the second fracture to plaintiff's ankle described in the supplemental bills of particulars occurred as plaintiff, a teenager with no apparent history of ankle...

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