KASSIS v. TEACHERS' INSURANCE AND ANNUITY ASSOCIATION


298 A.D.2d 223 (2002)

748 N.Y.S.2d 23

HENRY KASSIS et al., Respondents, v. TEACHERS' INSURANCE AND ANNUITY ASSOCIATION et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided October 15, 2002.


The grant of plaintiffs' motion to supplement their bill of particulars and amend their complaint to reflect the estimated costs for the repair of the subject premises, allegedly damaged by defendants' negligent demolition of their adjacent building, constituted a proper exercise of discretion. The proposed supplemental bill of particulars merely exposes defendants to greater liability; it does not advance a new legal theory (see Abdelnabi v New York City Tr. Auth.,

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