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ZITO v. CITY OF NEW YORK

2497N, 22357/00.

72 A.D.3d 451 (2010)

897 N.Y.S.2d 632

CHARLES ZITO, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided April 6, 2010.

The court properly denied plaintiff's motion to amend and supplement his bill of particulars to incorporate a new theory of liability after the filing of the note of issue and absent a reasonable excuse for the delay in moving (Lupo v Pro Foods, LLC, 68 A.D.3d 607, 608 [2009]). In light of the foregoing, the court properly precluded plaintiff's expert from testifying as to the...

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