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LICHT v. TRANS CARE N.Y. INC.

3 A.D.3d 325 (2004)

771 N.Y.S.2d 1

CHARLES LICHT et al., Appellants, v. TRANS CARE N.Y., INC., Defendant, and ST. CLARE'S HOSPITAL, Respondent. (And a Third-Party Action.)

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

January 6, 2004.

The primary relief sought was properly denied on the ground that plaintiffs' self-labeled "supplemental" bill of particulars amended, rather than supplemented, their prior bills of particulars alleging an injury to the heart by adding a new injury to the brain not previously claimed or even suggested (see Danne v Otis El. Corp., 276 A.D.2d 581 [2000]). The alternative relief sought was properly denied on the ground that plaintiffs...

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