DIAZ v. FORD MOTOR COMPANY


29 A.D.3d 339 (2006)

814 N.Y.S.2d 606

RAFAEL DIAZ et al., Appellants, v. FORD MOTOR COMPANY et al., Defendants, and BRONX LINCOLN-MERCURY, INC., Respondent.

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

May 4, 2006.


The accident allegedly occurred in 1990, and this action was commenced three years later. Bills of particulars were served in 1994 and 1995, and plaintiffs were deposed in 1997 and 1998. The note of issue was filed in April 2003. In August 2004, plaintiffs moved to amend their bill of particulars to include purported new injuries reflected in recent medical reports. These reports, which were unsworn, unnotarized and unaccompanied by any affidavit or medical affirmation, did...

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