Bart v. Warhus

Full title: MILDRED L. BART et al., Respondents, v. JOSEPH WARHUS et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 25, 1977

56 A.D.2d 736 (N.Y. App. Div. 1977)

Opinion

February 25, 1977

Appeal from the Erie Supreme Court.

Present — Moule, J.P., Cardamone, Simons and Dillon, JJ.

Order unanimously affirmed, with costs. Memorandum: Special Term properly exercised its discretion in permitting plaintiffs to supplement their bill of particulars. The proposed supplemental bill alleged "headaches" as an additional injury and included special damages and lost wages sustained between the date of the original bill and the date of the proposed supplemental bill.