![]() ![]() Mahr v Perry, 2010 NY Slip Op 05369 (App. Author DMG Posted on Categories CPLR § 3126, CPLR R. Since discovery relating to the third surgery had not previously been ordered, the court's direction of related disclosure, rather than sanctions, was appropriate. ![]() Plaintiff's third verified bill of particulars, which, inter alia, alleges that she had a third surgery, to remove hardware from her left tibia, the insertion of which hardware had been disclosed in an earlier bill of particulars, was a supplemental bill of particulars which concerned the "continuing consequences" of her previously identified injury, and thus, did not require prior leave of the court ( Shahid v New York City Health & Hosps. Moreover, plaintiff proffered a reasonable excuse for the delay, including defendants' consent thereto, and the verified complaint, which alleged that plaintiff was injured when she was struck by defendants' vehicle while crossing the street in a crosswalk, with the right of way, evidenced the existence of a meritorious claim ( see Gibbs v St. Preclusion is not warranted since the record reflects that defendants themselves did not comply timely with the first preclusion order ( see e.g. ![]() The motion court did not improvidently exercise its discretion in denying defendants' motions to the extent that they sought dismissal and/or preclusion ( see CPLR 3126 see also Gross v Edmer Sanitary Supply Co., 201 AD2d 390, 391 ). 3043 Bill of particulars in personal injury actionsĬPLR § 3126 Penalties for refusal to comply with order or to discloseĪnderson v Ariel Servs., Inc., 2012 NY Slip Op 02038 (1st Dept., 2012) ![]()
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