On the eve of trial in the personal injury action Kraycar v. Monahan, plaintiff successfully moved for leave to serve a supplemental bill of particulars and for leave to serve an amended complaint seeking punitive damages. The Appellate Division, Second Department reversed since plaintiff improperly sought to introduce only new injuries with the supplemental bill of particulars. Moreover, since it was not established that defendant’s actions were willful or wanton negligence, plaintiff’s added claim for punitive damages was without merit, equally warranting a denial of that branch of his motion.

http://www.nycourts.gov/reporter/3dseries/2008/2008_01923.htm