December 30, 2021

Bills of particulars.

What the plaintiff styles as a supplemental bill of particulars asserting a new theory of liability is actually an amended bill of particulars. It is a nullity because it was served after note of issue, after defendant filed its summary judgment motion, and without leave of court.

Stovall v. Lenox Hill Hosp., NY Slip Op 07004 (1st Dep't December 16, 2021)

Here is the decision.