Justice Marsha Steinhardt

In this medical malpractice action, McCord moved for leave to serve a fourth supplemental bill of particulars against NYU Hospital for Joint Diseases. McCord sought to include a claim that NYU failed to properly follow orders and procedures or properly care for, treat and provide him post-operative instructions. The court noted NYU could not claim prejudice as the allegations McCord sought to add were set forth in general language in the original bill, granting leave. McCord further claimed defendants failed to properly treat his finger injury resulting in necrosis and partial amputation of the right fifth finger. Also, McCord stated Dr. Tambakis failed to maintain the finger, splinted for an additional six weeks after the initial period of splinting. Tambakis sought summary judgment dismissing the complaint against him. The court found conflicting opinions of both Tambakis’ and McCord’s experts presented an issue of fact of whether the failure to resplint the finger was a departure from the standard of care. Accordingly, the court ruled summary judgment by Tambakis and Central Brooklyn Medical Group dismissing the complaint against them must be denied.