Pursuant to CPLR 3043(b), a plaintiff in a personal injury action may serve a supplemental bill of particulars containing continuing special damages and disabilities, without leave of court, at any time, but not less than 30 days prior to trial, if it alleges no new cause of action or claims no new injury.'
Here, the second supplemental bill of particulars did not allege new injuries, but set forth the continuing consequences of the same injuries which were previously alleged. In addition, since the supplemental bill was served more than 30 days prior to trial, leave of court was not required.
Ali v. JS 39, LLC, NY Slip Op 04889 (2d Dep't August 10, 2022)
