Opinion
July 3, 1989
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Pursuant to CPLR 3042 (g), the plaintiff had the right to amend his bill of particulars once as of course prior to the filing of a note of issue. Thus, the court did not err in vacating its prior order granting the appellants' respective motion and cross motion to strike the amended bill of particulars so served (see, Simino v St. Mary's Hosp., 107 A.D.2d 800; Siegel, Supp Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, 1989 Pocket Part, CPLR C3043:2, at 302-303). We pass upon no other issue. Mangano, J.P., Brown, Lawrence and Eiber, JJ., concur.