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THOMAS v. MAT POWER, INC

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 525 (N.Y. App. Div. 1994)

Opinion

June 6, 1994

Appeal from the Supreme Court, Suffolk County (Werner, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiffs contend that the psychological injuries allegedly sustained by the plaintiff Scott Thomas were merely the "logical sequelae" of the physical injuries recited in the earlier bill of particulars, and that, accordingly, they were not required to seek leave to amend pursuant to CPLR 3042 so as to include the psychological injuries in the bill of particulars. This claim is unpreserved for appellate review (see, Matter of Aetna Cas. Sur. Co. v. Scirica, 170 A.D.2d 448), and in any event, is without merit (cf., Tate v. Colabello, 58 N.Y.2d 84).

Moreover, in view of the plaintiffs' failure to present a reasonable excuse for the lengthy delay in seeking to amend the bill of particulars, we discern no improvident exercise of discretion in the Supreme Court's denial of their motion (see, Scott v. General Motors Corp., 202 A.D.2d 570).

We have reviewed the plaintiffs' remaining contentions and find them to be without merit. Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

THOMAS v. MAT POWER, INC

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 525 (N.Y. App. Div. 1994)
Case details for

THOMAS v. MAT POWER, INC

Case Details

Full title:MICHAEL THOMAS et al., Appellants, v. MAT POWER, INC., et al., Defendants…

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

Date published: Jun 6, 1994

Citations

205 A.D.2d 525 (N.Y. App. Div. 1994)
613 N.Y.S.2d 55

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