Sentowski v. Boulevard Hospital
Cases that cite this one
4 later published cases cite this decision.
- Barrette v. Good Samaritan Hospital (Appellate Division of the Supreme Court of New York 1985)
- Bauch v. Verrilli (Appellate Division of the Supreme Court of New York 1991)
- Carroll v. Nunez (Appellate Division of the Supreme Court of New York 1988)
- Ledogar v. Giordano (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In a medical malpractice action, plaintiff appeals from an order of the Supreme Court, Kings County (Hirsch, J.), dated August 30, 1983, which granted the motion of defendant Lo Prestí to strike paragraph 7 (e) of plaintiff’s bill of particulars, alleging a loss of future earnings capacity by the infant plaintiff, who was incapacitated at birth.
Order reversed, with costs, and motion denied.
This action is predicated upon the claim that the medical malpractice of the defendant Lo Prestí and/or the defendant hospital rendered the infant plaintiff totally incapacitated at birth. In response to Lo Presti’s demand, plaintiff served a bill of particulars which claimed, inter alia, an impairment of future earpings and earnings capacity in the amount of 3 to 4 million dollars. On Lo Presti’s motion, Special Term struck this claim from plaintiff’s bill, holding that the claim was too speculative and incapable of proof.
A motion directed at a plaintiff’s bill of particulars is an improper vehicle for the examination of the merits and evidentiary support of the claims made in the bill. The sole purpose of a bill of particulars is to amplify the pleadings, limit the proof, and prevent surprise at trial (Cirelli v Victory Mem. Hosp., 45 AD2d 856; State of New York v Horsemen’s Benevolent & Protective Assn., 34 AD2d 769). Our decision in Schwall v Ambrosio (45 AD2d 732), upon which Special Term’s decision was based,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.