In Lopez v City of New York, the First Department affirmed the lower court’s denial of the plaintiff’s motion for leave to amend the bill of particulars one month before trial as unreasonably late. The plaintiff attempted to do so six years after the note of issue was filed and eight years after the action was commenced trying to allege a new injury. However, it was undisputed that the plaintiff knew of this condition three years before the amended Bill of Particulars was filed. The court also noted that the proposed amendments would severely prejudice the defendants because the plaintiff’s theory of the case changed so drastically that the defendants would not be prepared to present a defense at trial.
Thanks to Bill Kirrane for his contribution to this post.