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MATIAS v. WEST 16TH REALTY LLC

Index No. 15614/15. Appeal No. 14233. Case No. 2021-00131.

197 A.D.3d 1043 (2021)

151 N.Y.S.3d 889

2021 NY Slip Op 05086

Jose Matias, Appellant, v. West 16th Realty LLC, Defendant, and Grey Dog Chelsea Inc., Doing Business as the Grey Dog Restaurant, Respondent.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac , of counsel), for appellant.

McManus Ateshoglou Aiello & Apostolokos PLLC, New York ( Brennan P. Breeland of counsel), for respondent.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.

The court providently exercised its discretion in granting defendants' motions to strike plaintiff's supplemental bills of particulars, served more than three years after the note of issue was filed, since they alleged new injuries and additional economic damages not alleged in the original bill of particulars (CPLR 3043[b]). The supplemental bills "expanded not only on the extent of the continuing disability, but on the very nature of the injuries" (see Wolfer v 184 Fifth...

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