ISSING v. MADISON SQUARE GARDEN, INC.

3017, 3018, 3019, 116265/06, 590077/08.

74 A.D.3d 538 (2010)

902 N.Y.S.2d 89

THOMAS G. ISSING et al., Appellants, v. MADISON SQUARE GARDEN, INC., et al., Defendant. BECK'S NORTH AMERICAN INC. et al., Third-Party Plaintiffs, v. MADISON SQUARE GARDEN CENTER, INC., Third-Party Defendant-Respondent.

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

Decided June 10, 2010.


Plaintiffs properly amended their bill of particulars, without leave of the court (CPLR 3042 [b]), so as to allege that the accident occurred on February 3, 2004, not March 29, 2004 as they originally had alleged in their complaint and first bill of particulars. The change concerned a factual detail in the pleading that, contrary to the motion court's conclusion, did not constitute a new claim requiring a motion for leave to amend...

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