Stevens v. Dacion Corp.

Full title: EVELYN STEVENS, Appellant, v. DACION CORPORATION et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 18, 1992

184 A.D.2d 377 (N.Y. App. Div. 1992)

584 N.Y.S.2d 835

Opinion

June 18, 1992

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).

The IAS court did not abuse its discretion in striking the action from the trial calendar where plaintiff, without leave of the court, served a supplemental bill of particulars setting forth new injuries after she had filed a note of issue and statement of readiness falsely stating that all medical reports had been exchanged and that disclosure was complete (CPLR 3043 [b]; Fultz v. Benvenuti Props., 155 A.D.2d 794, 796; Arroyo v City of New York, 86 A.D.2d 521). Leave for plaintiff to serve a supplemental bill was properly conditioned upon compliance with the court's order directing a further physical examination.

Concur — Sullivan, J.P., Carro, Wallach, Kassal and Rubin, JJ.