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DIMINO v. ROSENFELD

306 A.D.2d 371 (2003)

760 N.Y.S.2d 859

GLADYS DIMINO et al., Appellants, v. NATHAN S. ROSENFELD et al., Respondents.

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

Decided June 16, 2003.

Ordered that the order is affirmed, with costs.

Leave to amend a bill of particulars ordinarily is to be freely given in the absence of prejudice or surprise. When leave to amend a bill of particulars is sought on the eve of trial, however, judicial discretion should be exercised in a "discreet, circumspect, prudent and cautious" manner (Price v Brody, 7 A.D.2d 204, 206 [1959]). Moreover, where there has been an inordinate...

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