Orros v. YickMing Yip Realty, Inc

In Orros v. YickMing Yip Realty, Inc. (258 AD2d 387 [1st Dept 1999]), plaintiff moved for leave to amend his Bill of Particulars, nearly one year after the filing of his note of issue. On appeal, the First Department held that the because plaintiff raised a new theory of liability based upon the alleged negligence of a nonparty, it was properly denied. Plaintiff had notice of the facts pertinent to the proposed amendment for months prior to the filing of his note of issue and offered no explanation for his delay in moving to amend. However, the Court continued, "plaintiff should have been permitted to file a supplemental bill of particulars with respect to defendants' alleged violations of statutes, ordinances, rules, and/or regulations, since these amendments, which merely amplify and elaborate upon facts and theories already set forth in the original bill of particulars, raise no new theory of liability."