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BROWN v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

6 A.D.3d 258 (2004)

774 N.Y.S.2d 696

ROBERT BROWN, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

April 20, 2004.

Plaintiff's failure to challenge defense counsel's tactics in his posttrial motion to set aside the verdict renders this claim unpreserved for appeal (Califano v City of New York, 212 A.D.2d 146 [1995]). The claim is, in any event, without merit.

Denial of plaintiff's midtrial motion to amend his four-year-old bill of particulars to assert a new theory of liability was a proper exercise of discretion (see Moon v Clear...

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