LOPEZ v. REIFF

On November 11, 1987, in this personal injury action arising out of an automobile collision, plaintiff served a supplemental bill of particulars as of right (CPLR 3043 [b]), alleging, inter alia, a one-year employment disability. Some three months and one week later plaintiff attempted to serve a second supplemental bill claiming a 5 1/2-year working disability, with a consequential increase in special damages. (Plaintiff is a self-employed cab driver.) In light of this expanded exposure, it was well within the discretion of the IAS court to condition this pleading amendment upon the submission by plaintiff to another physical examination (Fulciniti v European Am. Bank, 132 Misc.2d 766, 768; see, Buerger v County of Erie, 101 A.D.2d 1025).

Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.