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LOADHOLT v. RAMS BEER & SODA, INC.

273 A.D.2d 446 (2000)

712 N.Y.S.2d 364

RONALD LOADHOLT, Respondent, v. RAMS BEER & SODA, INC., et al., Appellants.

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

Decided June 26, 2000.

Ordered that the judgment is affirmed, with costs.

The defendants argue that the Supreme Court abused its discretion in permitting, inter alia, evidence of injury to the plaintiff's left knee despite the fact that no such injury was indicated in the bill of particulars. However, "leave to amend a bill of particulars is ordinarily to be freely given in the absence of prejudice or surprise" (Kyong Hi Wohn v County of Suffolk,

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