White v. New York City Transit Authority

Full title: THELMA WHITE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant

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

Date published: Jan 16, 1996

223 A.D.2d 589 (N.Y. App. Div. 1996)

636 N.Y.S.2d 414

Opinion

January 16, 1996

Appeal from the Supreme Court, Kings County (Bernstein, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

In support of her motion, inter alia, to amend the complaint and the bill of particulars, the plaintiff presented a reasonable excuse for the delay in making the motion and submitted a sworn statement from her doctor demonstrating that her herniated disc was diagnosed after the original complaint was served. Accordingly, the court properly granted the plaintiff's motion ( cf., Scott v General Motors Corp., 202 A.D.2d 570; Federici v Polito, 198 A.D.2d 261; Fallica v Ort, 183 A.D.2d 806). Mangano, P.J., Miller, Copertino, Santucci and Hart, JJ., concur.