The court should not have stricken plaintiff's supplemental bill of particulars dated October 2018 in its entirety. Most of the injuries set forth therein, specifically those related to the left leg, syncope, and psychological and emotional trauma, were not new injuries, but were amplifications and elaborations of the injuries set forth in the bills of particulars served in October and November 2012, or were the anticipatable sequellae thereof (see Tate v Colabello,
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NAPOLITANO v. GUSTAVSON
800281/11. Appeal No. 12880N. Case No. 2019-4653.
190 A.D.3d 530 (2021)
135 N.Y.S.3d 843
2021 NY Slip Op 00238
Catherine E. Napolitano, Appellant, v. Susan M. Gustavson, R.V.T., et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 14, 2021.
Decided January 14, 2021.
Attorney(s) appearing for the Case
Law Offices of Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph, III of counsel), for appellant.
Harris Beach PLLC, Pittsford ( Svetlana K. Ivy of counsel), for respondents.
Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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