Bass v. A & D Service Station

• Decision Date: 14 March 1994
• Citation: 202 A.D.2d 464,610 N.Y.S.2d 797
• Parties: Bill BASS, Appellant, v. A & D SERVICE STATION, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 797

610 N.Y.S.2d 797

202 A.D.2d 464

Bill BASS, Appellant, v. A & D SERVICE STATION, Respondent.

Supreme Court of New York, Appellate Division,

Second Department.

March 14, 1994.

Barry Siskin, New York City, for appellant.

Stanley R. Waxman, P.C., Mineola (Gerard K. Ryan, Jr., of counsel; Mary Anne Walling, on the brief), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (O'Donoghue, J.), dated March 10, 1992, as granted that branch of the defendant's motion which was to direct the plaintiff to serve a responsive supplemental bill of particulars.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The record supports the trial court's conclusion that "special circumstances" were presented, including the plaintiff's stipulation that he would serve a responsive supplemental bill of particulars, justifying the defendant's delay in moving for the relief granted (see, Kean v. Community Gen. Hosp. of Sullivan County, 158 A.D.2d 897, 551 N.Y.S.2d 693; cf., Martin v. We're Assocs., 127 A.D.2d 568, 511 N.Y.S.2d 368).

MANGANO, P.J., and BALLETTA, O'BRIEN, HART and FLORIO, JJ., concur.