BAGAN v. TOMER

1230, 100958/12.

139 A.D.3d 577 (2016)

30 N.Y.S.3d 816

2016 NY Slip Op 03995

TRACY BAGAN, Respondent, v. ONKAR S. TOMER, Appellant, and MOSTAFA A. ELSROGY et al., Respondents.

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

Decided May 24, 2016.


The motion court providently exercised its discretion in granting plaintiff's cross motion for leave to amend the bill of particulars. Although plaintiff failed to offer a reasonable excuse for her delay in seeking leave to amend, she demonstrated that the proposed amendment has potential merit by pointing to the medical records submitted by defendant Tomer, which show that two doctors who examined plaintiff after the accident noted the existence of a nasal fracture. Tomer...

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