By: Daily Record Staff//September 22, 2023
By: Daily Record Staff//September 22, 2023//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Bill of particulars
Article 16 defense – Particularization
Appealed from Supreme Court, Oneida County
Background: The plaintiff commenced a medical malpractice action for damages sustained as a result of the defendants’ alleged negligence in timely diagnosing and treating the plaintiff’s spinal infection with epidural abscesses that rendered him a quadriplegic. At issue on appeal is whether the defendants were required, in response to the plaintiff’s demands for bills of particulars, to particularize the pleaded Article 16 defense.
Ruling: The Appellate Division held that no such particularization was required under the circumstances of the case. Thus, the court erred in precluding the defendants from asserting the defense at trial. The court noted that the plaintiff demanded that each defendant set forth the basis for claiming that the injuries and damages sustained by the plaintiff were not caused by the defendants. The plaintiff did not make any reference to Article 16 of the CPLR.
Cory J. Schoonmaker, of Sugarman Law firm, and Cayley M. Young, of Martin, Ganotis, Brown, Mould & Currie, for the defendants-appellants; John C. Cherundolo, of Cherundolo Law firm, for the plaintiff-respondent.