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SAMUELSEN v. WOLLMAN RINK OPERATIONS LLC

Index No. 150046/16. Appeal No. 14158N. Case No. 2021-00756.

196 A.D.3d 408 (2021)

151 N.Y.S.3d 41

2021 NY Slip Op 04196

Diane Samuelsen, Respondent, v. Wollman Rink Operations LLC et al., Appellants, et al., Defendant.

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

Decided July 1, 2021.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York ( John Sandercock of counsel), for appellants.

Gersowitz Libo & Korek, P.C., New York ( Anthony Makarov of counsel), for respondent.

Concur—Renwick, J.P., Gische, Oing, Mendez, JJ.

Although plaintiff's motion to amend her bill of particulars was made a year after she filed the note of issue, she did not seek to assert a new theory of liability. Rather, she expanded upon the traumatic brain injury and related cognitive and memory deficits alleged in her original bills of particulars (see Reed v City of New York, 304 A.D.2d 1, 8-9 [1st Dept 2003], lv denied 100 N.Y.2d 503 [2003]). Moreover, plaintiff's...

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