Debellis v. NYU Hospitals Center
Opinion of the Court
Orders, Supreme Court, New York County (Rosalyn Richter, J.), entered May 17, 2004 and August 6, 2004, respectively, which, inter alia, denied the motion of defendant NYU Hospitals Center (NYU) for summary judgment insofar as it sought dismissal of plaintiffs Labor Law § 200 and common-law negligence claims, and denied its motion to strike plaintiffs supplemental bill of particulars in its entirety, unanimously affirmed, without costs.
The court properly denied NYU’s motion to strike plaintiffs supplemental bill of particulars to the extent it amplified the allegations of constructive notice. Although plaintiff filed the supplemental bill of particulars without leave of the court, after the note of issue was filed, and after the court issued its decision on NYU’s motion for summary judgment, the more detailed allegations of constructive notice merely elaborate upon facts previously set forth in the complaint and original bill of particulars, and, accordingly, should not be a source of unfair surprise or prejudice to NYU (see Noetzell v Park Ave. Hall Hous. Dev. Fund Corp., 271 AD2d 231, 232 [2000]).
We have considered NYU’s remaining contentions and find them unavailing. Concur—Buckley, P.J., Williams, Lerner, Gonzalez and Sweeny, JJ.
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