New york Bill of Particulars broken stairs

#New york Bill of Particulars broken stairs trial

Traumatic brain injury' (sic) means an acquired injury to the brain caused by an external physical force resulting in total or partial disability or impairment and shall include but not be limited to damage to the central nervous system from anoxic/hypoxic episodes or damage to the central nervous system from allergic conditions, toxic substances and other acute medical/clinical incidents. This Court will, therefore, use a working definition for 'traumatic brain injury' as found in the Public Health Law.ġ. Neither Plaintiff nor Defendant has provided any medical support for their respective arguments regarding the issue of whether the Plaintiff has 'supplemented' or 'amended' his Bill of Particulars. Likewise, Plaintiff contends that 'left shoulder impingement syndrome with adhesive capsulitis and bursitis' and 'myofascial pain syndrome' should be permitted as well because these maladies are no more than descriptions which provide 'supplemental clarification of injuries to body parts originally plead.' Specifically, Plaintiff contends that its initial Bill of Particulars stated injuries of 'post-concussion syndrome post traumatic headaches head pain dizziness nausea double or blurred vision' and as these symptoms are 'consistent with a traumatic brain injury,' Plaintiff has not alleged any new injuries in its '2nd Supplemental Bill of Particulars' of 'status post head trauma with traumatic brain injury.' As such, the same should not be stricken. The Court also notes that Plaintiff did not move for leave to amend the pleading asserting that the Bill of Particulars served upon Defense counsel on Septem'supplemented additional information related to injuries and symptoms originally pled in plaintiff's initial bill of particulars.' Pla. Plaintiff's counsel contends that there is 'no surprise' or prejudice at this juncture merely because several months have elapsed since then, but neglects to acknowledge that the service of such pre-trial papers was on the eve of trial.

#New york Bill of Particulars broken stairs trial

With regard to the merits of the instant motion, the Court is mindful that this matter was scheduled for trial multiple times and notwithstanding the matter having been marked 'Final' on September 9, 2015, Plaintiff's counsel proceeded to serve a '2nd Supplemental Bill of Particulars' on Defense counsel on September 8, 2015, literally one day before trial. This is not to imply that late service of papers is acceptable and Counsel is warned that future late filings will result in careful consideration of any history of non-compliance under the CPLR. As such, Plaintiff's argument that it is prejudiced by virtue of the service of the Order to Show Cause by one day is unpersuasive and is rejected. However, after oral argument, the Court granted Plaintiff additional time to serve its opposition thereto. It is undisputed that Defendant's Order to Show Cause was served one day late. Ali Guy and Gramercy Park Physical Medicine.Īs an initial matter, Plaintiff argues that Defendant's motion should be denied as it failed to demonstrate timely service of the Order to Show Cause. Skinner, Esq., 875 Merrick Avenue, Westbury, NY 11590.ĭefendant moves for an Order to strike Plaintiff's amended Bill of Particulars, which Defendant contends that Plaintiff incorrectly refers to as a '2nd Supplemental Bill of Particulars' and to preclude Plaintiff from offering any evidence with respect to any and all treatment by Dr. Subin, Esq., 150 Broadway-23rd Fl., New York, NY 10038 ĭefendant is represented by James G. Plaintiff is represented by Subin Associates, LLP, by Eric D. This opinion is uncorrected and subject to revision before publication in the printed Official Reports.Ĭivil Court of the City of New York, Kings County Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Civil Court Of The City Of New York, Kings County