Practice point: The motion to amend the bill of particulars will be denied when it was made four months after the note of issue was filed, and four years after the action was commenced.
Students should note that the claim of plaintiffs' counsel that he relied on his client's statement that the subject stairs were being renovated, and so he did not inspect them until four years after the accident, does not constitute a reasonable excuse for the delay in moving.
Case: Cintron v. New York City Transit Authority, NY Slip Op 07078 (1st Dept. 2010)
Here is the decision.
Tomorrow's issue: Torts.
