Anzalone v. Preferred Mutual Insurance

In an action to recover the proceeds of a fire insurance policy, the defendant appeals from an order of the Supreme Court, Orange County (Colabella, J.), dated August 13, 1985, which granted the plaintiffs’ motion for a further bill of particulars.

Order reversed, on the law, with costs, and motion denied.

CPLR 3042 (d) provides that where a bill of particulars is regarded as defective, in the absence of special circumstances, a motion for preclusion or for service of a further bill must be made within 10 days after receipt of the defective bill (Hess v Wessendorf, 102 AD2d 926). At bar, the…