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JURADO v. KALACHE

5053/09.

29 Misc.3d 1005 (2010)

912 N.Y.S.2d 375

JOSEFINA JURADO, Plaintiff, v. JEAN KALACHE, M.D., et al., Defendants.

Supreme Court, Westchester County.

Decided October 1, 2010.

Attorney(s) appearing for the Case

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York City ( Angela M. Ribaudo of counsel), for Jean Kalache, M.D., defendant. Salzman & Winer, LLP, New York City ( Mitchell Shapiro of counsel), for plaintiff. Voute, Lohrfink Magro & Collins, LLP, White Plains ( Kevin Fitzpatrick of counsel), for Saint Joseph's Medical Center, defendant.

OPINION OF THE COURT

JEFFREY A. COHEN, J.

Motion by the defendant Jean Kalache for an order, pursuant to CPLR 3043 (b), striking the plaintiff's third supplemental bill of particulars on the grounds that the plaintiff has alleged a new cause of action and/or theory which was not previously pleaded in the complaint or in the original bill of particulars.*

It is ordered that this motion is determined as follows:

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