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GELLER v. PORT JEFFERSON OBSTETRICS AND GYNECOLOGY, P.C.

294 A.D.2d 537 (2002)

742 N.Y.S.2d 872

DAVID GELLER et al., Appellants, v. PORT JEFFERSON OBSTETRICS AND GYNECOLOGY, P.C., et al., Respondents, et al., Defendants.

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

Decided May 28, 2002.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Pursuant to CPLR 3042 (b), a party may serve an amended bill of particulars, as of right, once before the filing of a note of issue. Such an amendment "`can [make] any change at all in the bill,'" and enables a party to include whatever could have been included in the original bill of particulars (Martinovics v New York City Health & Hosps. Corp., 285...

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