AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

OLGA ARGUINZONI, Appellant, v. PARKWAY HOSPITAL et al., Respondents.

Ordered that the order dated January 5, 2004, is affirmed; and it is further,

Ordered that the order dated July 9, 2004, is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion for leave to serve an "amended supplemental" bill of particulars as to each defendant, asserting new theories of liability. The plaintiff failed to present a reasonable excuse for her inordinate delay in making the motion ( see Hastie v. Midway Nursing Home, 8 AD3d 532, 533; Fuentes v. City of New York, 3 AD3d 549, 550; Rosse-Glickman v. Beth Israel Med. Ctr.-Kings Highway Div., 309 AD2d 846; Smith v. Plaza Transp. Ambulance Serv., 243 AD2d 555; Rosa v. Westchester County Med. Ctr., 233 AD2d 311), and a physician's affirmation, improperly submitted for the first time with the plaintiff's reply papers, failed to establish a causal connection between the new theories of liability and the plaintiff's injuries ( see Smith v. Plaza Transp. Ambulance Serv., supra; Simino v. St. Mary's Hosp. of Brooklyn, Catholic Med. Ctr. of Brooklyn Queens, 107 AD2d 800).

The Supreme Court providently granted the motion of the defendant Association of University Physicians to clarify two of the court's prior orders. Upon granting the motion to clarify, the Supreme Court providently amended the order dated August 8, 2003, by, in effect, deleting the provision thereof denying those branches of the defendants' prior motions which were to strike the plaintiff's expert disclosure pursuant to CPLR 3101 (d) and substituting therefor a provision granting those branches of the motions because the proposed testimony exceeded the bounds of the allegations in the plaintiff's bill of particulars ( see Palchik v. Eisenberg, 278 AD2d 293, 294; Ciriello v. Virgues, 156 AD2d 417, 419).

Use AI to get other relevant cases.

Comments

ARGUINZONI v. PARKWAY HOSPITAL
(Jan 31, 2005)