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COHEN v. HO

38 A.D.3d 705 (2007)

833 N.Y.S.2d 542

SUSAN COHEN et al., Appellants, v. VICTOR HO, Respondent, et al., Defendants.

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

Decided March 20, 2007.

Ordered that the judgment is affirmed, with costs.

"While leave to supplement or amend a bill of particulars is ordinarily to be freely given in the absence of prejudice or surprise (see CPLR 3025 [b]), when leave is sought on the eve of trial, judicial discretion should be exercised sparingly" (Torres v Educational Alliance, 300 A.D.2d 469, 470 [2002]; see Rosse-Glickman...

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