The defendant’s attorney responded that the plaintiff could not amend the bill of particulars without leave of the court. Additionally, it stated that the plaintiff remained totally disabled from employment and continued to have lost earnings, as alleged previously. This document stated that the plaintiff had left common peroneal neuropathy and left tarsal tunnel syndrome as a result of the injuries he had already alleged. In August 2015, he served a supplemental/amended bill of particulars. The report was dated June 5, 2013, but plaintiff’s counsel said he had not received it before. Plaintiff’s counsel stated that there was a report in the records that indicated left common peroneal neuropathy and left tarsal tunnel syndrome related to the injury of the plaintiff’s left leg. The plaintiff’s attorney requested and received updated medical records from the plaintiff’s treating physician around August 2015. The plaintiff was examined by the defendant’s doctor on May 2, 2013. His verified bill of particulars, served on July 12, 2012, indicated his injuries were fractures in his left leg and ankle. The plaintiff filed suit after allegedly being injured while working in construction.
The Supreme Court of the State of New York, County of New York, recently considered whether a plaintiff could amend his bill of particulars in Lopez v. Thereafter, a party may amend or supplement a pleading by stipulation or leave of the court, which is to be “freely given upon such terms as may be just….” Defendants will often object to a plaintiff amending his or her pleadings, arguing that they would be prejudiced by the amendment. Under Rule 3025 of the New York Civil Practice Law and Rules, a party may amend a pleading without the court’s leave within 20 days after the pleading is served or within 20 days after service of the response.
#Bill of particulars full
While ideally all pleadings and other court documents would contain full and accurate information, sometimes a plaintiff needs to amend when new information comes to light.
0 kommentar(er)
