![]() ![]() Since the contested bill of particulars is a supplemental bill of particulars, rather than an amended bill of particulars, and was served more than 30 days prior to trial, leave of court was not required …. Pursuant to CPLR 3043(b), a plaintiff in a personal injury action may serve a supplemental bill of particulars containing “continuing special damages and disabilities,” without leave of the court at any time, but not less than 30 days prior to trial, if it alleges “no new cause of action” or claims no “new injury.” Here, the plaintiffs sought to allege continuing consequences of the injuries suffered and described in the original bill of particulars, rather than new and unrelated injuries …. ![]() The court found that the supplemental bill of particulars sought to add new injuries, thereby rendering it an amended bill of particulars, and that the plaintiffs failed to demonstrate a reasonable excuse for the inordinate delay in seeking leave to include the new injuries. In the order appealed from, the court, inter alia, granted that branch of the defendant’s motion which was to strike the supplemental bill of particulars and denied that branch of the plaintiffs’ cross motion which was to compel the defendant to accept the supplemental bill of particulars. Thereafter, the plaintiffs served a supplemental bill of particulars dated February 17, 2015, alleging the additional injuries or damages of post-traumatic stress disorder and future costs of long-term psychotherapy. After the Supreme Court’s order granting the defendant’s motion for summary judgment dismissing the complaint was reversed on appeal … and the case was restored to the trial calendar, the plaintiffs served, pursuant to CPLR 3101(d), an expert witness disclosure dated August 4, 2013, and the affidavit of their expert psychologist dated April 27, 2013. In his original bill of particulars dated February 8, 2006, the injured plaintiff alleged that he sustained permanent personal injuries, including depression, insomnia, agitation, poor concentration, loneliness, and tenseness, and that his injuries were accompanied by distress, depression, stress, and psychological difficulties. ![]() This Note also explains how to serve the demand and compel compliance with the demand. Therefore the document could be served without permission from the court: This Practice Note explains the process of drafting a demand for a bill of particulars in a New York civil action, including formatting requirements and substantive demands. The Second Department, reversing Supreme Court, determined the document submitted by plaintiff was a supplemental bill of particulars, not an amended bill of particulars. ![]()
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