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PURPORTED SUPPLEMENTAL BILLS OF PARTICULARS ALLEGING NEW INJURIES WERE ACTUALLY AMENDED BILLS OF PARTICULARS WHICH WERE PROPERLY STRUCK (SECOND DEPT).

The Second Department determined the defendants’ motion to strike the purported supplemental bills of particulars was properly granted. The supplemental bills of particulars alleged new injuries in this rear-end collision case. The supplemental bills of particulars were actually amended bills of particulars. Plaintiff failed to demonstrate the defendants were not prejudiced by the new allegations and failed to explain the delay:

Contrary to the plaintiff’s contention, the documents he denominated the “second supplemental bill of particulars” and “third supplemental bill of particulars” were, in reality, amended bills of particulars, as they sought to add new injuries (see CPLR 3403[b]… ). While leave to amend a bill of particulars is ordinarily to be freely given in the absence of prejudice or surprise, here, the plaintiff failed to establish the absence of prejudice or surprise to the defendants, and failed to adequately explain the delay in seeking to add the new injuries … . Kirk v Nahon, 2018 NY Slip Op 02604, Second Dept 4-18-18

​CIVIL PROCEDURE (BILLS OF PARTICULARS, PURPORTED SUPPLEMENTAL BILLS OF PARTICULARS WERE ACTUALLY AMENDED BILLS OF PARTICULARS WHICH WERE PROPERLY STRUCK (SECOND DEPT))/BILLS OF PARTICULARS ( PURPORTED SUPPLEMENTAL BILLS OF PARTICULARS WERE ACTUALLY AMENDED BILLS OF PARTICULARS WHICH WERE PROPERLY STRUCK (SECOND DEPT))/SUPPLEMENTAL BILLS OF PARTICULARS (PURPORTED SUPPLEMENTAL BILLS OF PARTICULARS WERE ACTUALLY AMENDED BILLS OF PARTICULARS WHICH WERE PROPERLY STRUCK (SECOND DEPT))/AMENDED BILLS OF PARTICULARS (PURPORTED SUPPLEMENTAL BILLS OF PARTICULARS WERE ACTUALLY AMENDED BILLS OF PARTICULARS WHICH WERE PROPERLY STRUCK (SECOND DEPT))/CPLR 3403 (BILLS OF PARTICULARS, PURPORTED SUPPLEMENTAL BILLS OF PARTICULARS WERE ACTUALLY AMENDED BILLS OF PARTICULARS WHICH WERE PROPERLY STRUCK (SECOND DEPT))/NEGLIGENCE (BILLS OF PARTICULARS, PURPORTED SUPPLEMENTAL BILLS OF PARTICULARS ALLEGING NEW INJURIES WERE ACTUALLY AMENDED BILLS OF PARTICULARS WHICH WERE PROPERLY STRUCK (SECOND DEPT))

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