Kearney, 237 AD2d 769, 769, quoting Twiddy v Standard Mar. ''The purpose of a bill of particulars is to amplify the pleadings, limit the proof and prevent surprise at trial'' (Hayes v. Defendants seek, pursuant to CPLR 3042, 31, an order, among other things, compelling plaintiffs to supplement their responses to demands 4 and 5 in the bill of particulars, and requiring Barber to provide a medical release regarding her obstetrical and gynecological records from her 2009 pregnancy, labor and delivery.Īddressing first the bill of particulars issue, the Court has recently set forth in a medical malpractice case with a similar dispute the applicable law, as follows: A conference was conducted with the Court and, when the issues remained unresolved, this motion by defendants ensued. The parties were unable to resolve a disagreement about the specificity of some of the responses in plaintiffs' bill of particulars as well as whether Barber must provide a release of medical information regarding a prior pregnancy and birth from 2009. This is a medical malpractice action in which plaintiffs Tionna Barber and Michael Grems allege that, during Barber's pregnancy, labor and delivery of plaintiff CG in October 2013, defendants engaged in various culpable conduct that resulted in CG suffering brain damage. The Sage Mansion, 16 Sage Estate, Albany, NY 12204 Maguire Cardona, P.C., Albany (Amanda Kuryluk of counsel)

Powers of counsel)ģ9 N Pearl Street, Suite 6, Albany, NY 12207 Olor Franzon, M.D., Dane Larsen, M.D., and Advanced Women's Healthcare in Obstetrics & Gynecology, PLLC, Defendants. Tionna Barber and Michael Grems, Individually and as P/N/G of CG, an Infant, Plaintiffs,

This opinion is uncorrected and will not be published in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Supplemental bill of particulars