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129 A.D.2d 697

Thomas v. Mat Power, Inc.

Appellate Division of the Supreme Court of the State of New York · decided 1987-04-20

Cited by 4 later decisions — most recently June 1998

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1987-04-20

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¶1In an action to recover damages for personal injuries, etc., the defendant Universal Reselite, Inc. appeals from an *698order of the Supreme Court, Suffolk County (Goldstein, J.), dated April 9, 1986, which granted the plaintiffs’ motion for leave to serve an amended bill of particulars.

¶2Ordered that the order is affirmed, with costs.

¶3Under the totality of the circumstances, it was not an abuse of discretion for the court to allow the plaintiffs to serve an amended bill of particulars. Although the plaintiffs significantly delayed in moving for leave to serve an amended bill of particulars, there was no real showing of prejudice to the defendant Universal Reselite, Inc. (see, Scarangello v State of New York, 111 AD2d 798). Mangano, J. P., Bracken, Eiber and Spatt, JJ., concur.

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