Cherhit v. General Lumber Corp.

In an action to recover damages for the wrongful death of plaintiff’s intestate, and for his pain and suffering prior to death, the plaintiff appeals from an order of the Supreme Court, Kings County, dated July 5, 1960, denying her motion to strike out certain items from defendant’s demand for a bill of particulars. Order modified by striking out from its second decretal paragraph the provision which directs plaintiff in the alternative, if she intends to rely on the doctrine of res ipsa loquitur, to state that such is her intention. As so modified, order affirmed, without costs. Plaintiff…