Practice point: After plaintiff exercised the right to serve a second supplemental bill
of particulars concerning continuing disabilities in the cervical spine,
defendant was entitled to newly exercise all discovery rights as to such newly alleged continuing disabilities, pursuant to CPLR 3043[b].
Student note: Defendant's discovery rights include the right to
take a further deposition, pursuant to CPLR 3106, and to notice a physical
examination by a designated physician, pursuant to CPLR 3121[a]. In the absence of a showing of bias or prejudice, the further physical examination need not be conducted by the physician who conducted the initial examination.
Case: Brown v. Brink El. Corp., NY Slip Op 00815 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Evidence of inspection and cleaning as it relates to constructive notice.
