(DOWNLOAD) "German Padro v. Boulevard Hospital" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: German Padro v. Boulevard Hospital
- Author : Supreme Court of New York
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In a medical malpractice action, the appeal is from an order of the Supreme Court, Queens County (Dunkin, J.), dated July 2, 1982, which denied appellants motion for an order of preclusion. Order modified by granting the motion to the extent of striking from paragraph No. 3 of plaintiffs bills of particulars served in response to the respective demands of the appellants, the phrase "and in other ways being careless, negligent and reckless in treatment rendered the plaintiff". As so modified, order affirmed, without costs or disbursements. Plaintiffs bills of particulars set forth certain acts and omissions alleged to constitute malpractice and also asserted that each of the appellants was "in other ways * * * careless, negligent and reckless in treatment rendered the plaintiff". The appellants then moved for an order precluding plaintiff from offering at trial "any evidence in support of the claims in the Complaint, particulars of which have not been served in plaintiffs Bills of Particulars". Special Term denied the motion. The object of a bill of particulars is to amplify the pleadings, limit the proof and prevent surprise at trial (Paldino v E. J. Korvettes, Inc., 65 A.D.2d 617). The mentioned phrase in plaintiffs bills is inconsistent with these purposes because of its open-ended characteristics and should be stricken. The proper practice is to [92 A.D.2d 888 Page 889]
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