Summary
In Bossert v. Jay Dee Transp., Inc., 114 AD2d 833 [2d Dept. 1985], plaintiff, in an action for injuries stemming from an automobile accident, proposed a supplement bill updating claims of injuries on the basis of further medical tests due to the injured plaintiff's continued complaints.
Summary of this case from Archer v. ScottOpinion
November 4, 1985
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Order affirmed, with costs. The defendants' time within which they may conduct a further physical examination of plaintiff Constance Bossert is extended until 60 days after service upon them of a copy of the order to be made hereon, with notice of entry.
The standard governing applications to amend or supplement bills of particulars is that applicable to motions to amend pleadings under CPLR 3025 (b) (see, Matter of Lyons, 96 A.D.2d 617, 618; Maloney v Union Free School Dist. No. 7, 46 A.D.2d 789; Siegel, N.Y. Prac § 240, at 295-296). Such motions are to be liberally granted in the absence of prejudice (Simino v St. Mary's Hosp., 107 A.D.2d 800). On the facts in the instant case, the motion to serve a further supplemental bill of particulars was properly granted. The proposed supplemental bill updated the claim of injuries on the basis of further medical tests conducted due to the injured plaintiff's continuing complaints. The accompanying report of the injured plaintiff's treating physician causally related these injuries to the 1981 automobile accident. Absent any indication that defendants have been hindered in the preparation of their case or prevented from taking some measure in support of their position, they have failed to demonstrate how they will be prejudiced by service of the proposed supplemental bill (see, Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23, rearg denied 55 N.Y.2d 801). The fact that defendants may be exposed to greater liability does not suffice to constitute prejudice (see, Cardy v Frey, 86 A.D.2d 968, 970). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.