Gerr v. Weissberg

Order of the Supreme Court, New York County, entered February 11, 1977, insofar as the order conditionally denied defendant-appellant’s motion for summary judgment, unanimously reversed, on the law, and the motion for summary judgment dismissing the complaint is granted, without costs or disbursements. We find that Special Term abused its discretion in denying defendant’s motion for summary judgment on condition that plaintiffs serve a verified bill of particulars in compliance with defendant’s demand (see Le Frois Foods Corp. v Aetna Ins. Co., 47 AD2d 994). The order entered May 28, 1974…