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BROWN v. BRINK ELEVATOR CORP.

14118N.

125 A.D.3d 421 (2015)

998 N.Y.S.2d 884

TANCIA BROWN, Respondent, v. BRINK ELEVATOR CORPORATION, Doing Business as HERK ELEVATOR CO., INC., Appellant.

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

Decided February 3, 2015.

After plaintiff exercised her right to serve a second supplemental bill of particulars concerning continuing disabilities in her cervical spine, defendant was "entitled to newly exercise any and all rights of discovery" with respect to such newly alleged continuing disabilities (CPLR 3043 [b]; see DeLuca v Federated Dept. Stores, 259 A.D.2d 421, 422 [1st Dept 1999]). Defendant's discovery rights include the right to take a further...

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