The defense attorney requested a bill of particulars to better understand the plaintiffs. The prosecutor compiled a bill of particulars to make clear the charges against the defendant. 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 …. A written document prepared by a plaintiff or prosecutor, detailing the claims or charges against the defendant to aid in forming a defense. 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. 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. It must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine …. This procedure dates back to early common law when plaintiff sued on an alleged account, and the pleadings gave no specifics as to the nature of the claim i.e. Mere lateness is not a barrier to the amendment. A bill of particulars is defined as a written itemization of claims in a lawsuit that the defendant may demand of the plaintiff in some situations in order to clarify the details of the claims. … “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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