CIOFFI v. S.M. FOODS, INC.

2016-05298. Index No. 55391/11.

178 A.D.3d 1015 (2019)

2019 NY Slip Op 09252

Frederick M. Cioffi et al., Appellants, v. S.M. Foods, Inc., et al., Respondents. (And a Third-Party Action.)

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

Decided December 24, 2019.


Attorney(s) appearing for the Case

Grant & Longworth, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Kenneth J. Gorman ], of counsel), for appellants.

White & Quinlan, LLP, Garden City, NY ( Terence M. Quinlan of counsel), for respondents.

Mastro, J.P., Rivera, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs' cross motion for leave to amend their bill of particulars and interrogatory responses is granted.

"While leave to amend a bill of particulars is ordinarily to be freely given in the absence of prejudice or surprise" (Kirk v Nahon, 160 A.D.3d 823, 824 [2018]), "once...

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