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MARTINO v. BENDO

7095, 7096, 110227/06.

93 A.D.3d 500 (2012)

940 N.Y.S.2d 253

2012 NY Slip Op 1862

NICHOLAS MARTINO et al., Respondents, v. JOHN A. BENDO, M.D., Appellant.

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

Decided March 15, 2012.

The motion court exercised its discretion in a provident manner in granting plaintiffs' cross motion to amend the bill of particulars (see CPLR 3025; Alvarado v Beth Israel Med. Ctr., 78 A.D.3d 873 [2010]). Although the motion was made after the note of issue was filed and a new theory of liability will generally not be considered if asserted for the first time in response to a motion for summary judgment (see Abalola v...

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