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SOTO v. TRINITY MORRIS CORP.

27 A.D.3d 305 (2006)

810 N.Y.S.2d 331

MONSERRATE SOTO et al., Appellants-Respondents, v. TRINITY MORRIS CORP., Sued Herein as TRINITY MORSE CORP., Formerly Known as ANDROS BROADWAY, INC., Respondent-Appellant and Third-Party Plaintiff-Respondent. MARCATO ELEVATOR COMPANY, INC., Third-Party Defendant-Respondent-Appellant.

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

March 16, 2006.

The cross motion to amend the bill of particulars lacked both a showing of merit (Posner v Central Synagogue, 202 A.D.2d 284 [1994], lv dismissed 83 N.Y.2d 953 [1994]) and an adequate excuse for the delay in raising new categories of injuries (Spielberger v Giambalvo, 207 A.D.2d 877 [1994]). The motion to dismiss the complaint pursuant to CPLR 3404 was properly denied in view of plaintiffs...

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