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LINARES v. CITY OF NEW YORK

Index No. 303086/15. Appeal No. 14274. Case No. 2020-03690.

198 A.D.3d 417 (2021)

152 N.Y.S.3d 299

2021 NY Slip Op 05292

Enrique Linares, Respondent, v. City of New York et al., Appellants.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

Cerussi & Spring, P.C., White Plains ( Jennifer R. Freedman of counsel), for appellants.

Gorayeb & Associates, P.C., New York ( David A. Cvengros of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.

Plaintiff's second supplemental bill of particulars, served after the filing of the note of issue, alleged that he would need additional surgeries and medical treatments with associated costs well beyond what was pled in the bills of particulars served before the note of issue was filed (see Olivo v Nazario, 154 A.D.3d 624 [1st Dept 2017]). Those medical treatments are purported to be causally related to an injury to plaintiff's...

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