Society of New York Hospital v. Tyszkiewicz

The plaintiff, a voluntary hospital corporation, moves for summary judgment in an action for a balance of $346.18 alleged to be due for services and drugs on an account which apparently ran for -several years involving more than 100 separate items.

The answering affidavit raises almost no issue, except lack of knowledge -of the extent, if any, of the indebtedness and the plaintiff’s failure to respond to a demand for a bill of particulars. Under ordinary circumstances, such a response would raise no issue and judgment would be granted. But if an assessment -of damages is necessary (CPLR 3212,…