L. F. Dommerich & Co. v. Diener & Dorskind, Inc.

Order, entered July 1, 1968, unanimously modified, on the law, on the facts and in the exercise of discretion, to deny plaintiff’s motion to preclude and to grant defendant’s cross motion insofar as it sought vacatur of plaintiff’s demand for bill of particulars, and said order otherwise affirmed, with $30 costs and disbursements to defendant-appellant. A defendant should not ordinarily be required to furnish a bill of particulars where his answer consists solely of denials and admissions. (See Silberfeld v. Swiss Bank Corp., 263 App. Div. 1017; United Cigar-Whelan Stores Corp. v. City of…