ALCANTARA-PENA v. SHANAHAN

8164N. 302075/12.

168 A.D.3d 550 (2019)

91 N.Y.S.3d 97

2019 NY Slip Op 00387

Cinthia Alcantara-Pena, Respondent, v. Christine Shanahan, Defendant, and City of New York et al., Appellants.

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

Decided January 22, 2019.


Supreme Court providently exercised its discretion in denying defendants' motion. Plaintiff's CPLR 3101 (d) notice provides enough detail regarding the substance of her economists' expected testimony (see CPLR 3101 [d] [1] [i]).

Defendants' claim that the bill of particulars did not indicate that plaintiff's loss was continuing lacks merit, because the bill of particulars states that plaintiff's "disability is of a continuing permanent and partial nature and...

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