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ROSSE-GLICKMAN v. BETH ISRAEL MEDICAL CENTER-KINGS HIGHWAY DIVISION

309 A.D.2d 846 (2003)

766 N.Y.S.2d 67

MARIA ROSSE-GLICKMAN, Appellant, v. BETH ISRAEL MEDICAL CENTER-KINGS HIGHWAY DIVISION et al., Respondents.

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

Decided October 20, 2003.

Ordered that the orders are affirmed, with one bill of costs.

The plaintiff's second supplemental bill of particulars alleged new theories of negligence not raised either in the complaint or in the original bill of particulars. Therefore, the plaintiff was not entitled to serve the second supplemental bill of particulars, after the note of issue was filed, without leave of the court (see Barrera v City of New York, 265 A.D.2d 516

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