Bart v. Warhus

¶1Order unanimously affirmed, with costs. Memorandum: Special Term properly exercised its discretion in permitting plaintiffs to supplement their bill of particulars. The proposed supplemental bill alleged "headaches” as an additional injury and included special damages and lost wages sustained between the date of the original bill and the date of the proposed supplemental bill. (Appeal from order of Erie Supreme Court—bill of particulars.) Present—Moule, J. P., Cardamone, Simons and Dillon, JJ.