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TORRES v. NEW YORK CITY TRANSIT AUTHORITY

3551N, 112522/05.

78 A.D.3d 419 (2010)

BLANCA U. TORRES et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided November 4, 2010.

Although plaintiff waited until after the note of issue was filed to move to amend the bill of particulars, and failed to provide a reasonable excuse for the delay, we decline to hold that the motion court abused its discretion in granting the motion given the lack of prejudice to defendant and the fact that plaintiff's initial bill of particulars provided notice of the theory of decedent's accident that plaintiff seeks to add....

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