![]() Since the proposed amendment was meritorious and sought to narrow the issues before the Supreme Court, the court should have granted the plaintiffs’ cross motion for leave to amend their bill of particulars and interrogatory responses as requested …. Specifically, whereas the plaintiffs had previously alleged violation of “all provisions of the Parts 300 to 399,” their proposed amendment sought to narrow this allegation to specify a violation of 49 CFR 392.2 as a result of a violation of Tuckahoe Village Code § 21-33.1. The process of demanding and receiving a bill of particulars is governed by CPLR 3042. The applicable standard of review depends on whether a plaintiff was supplementing the bill of particulars to set forth 'continuing special damages and disabilities' or whether the supplement was actually an amendment, setting forth a 'new cause of action. Here, despite their unreasonable and unexplained delay in seeking leave to amend their bill of particulars and interrogatory responses, the plaintiffs did not seek to assert any new theory of liability, but rather, sought to narrow a theory previously asserted. ![]() (c) Failure to respond or to comply with a demand. ![]() It must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine …. The Laws of New York Consolidated Laws of New York CHAPTER 8 Civil Practice Law & Rules previous. Mere lateness is not a barrier to the amendment. … “eave to amend a bill of particulars may properly be granted, even after the note of issue has been filed, where the plaintiff makes a showing of merit, and the amendment involves no new factual allegations, raises no new theories of liability, and causes no prejudice to the defendant” …. The Second Department, reversing Supreme Court, determined plaintiffs’ motion to amend the bill of particulars should have been granted, even though the motion was made after the note of issue was filed and there was no good excuse for the delay:
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