Galtman v. Edelman

OPINION OF THE COURT

John A. Monteleone, J.

In this medical malpractice action, the defendant, Eugene Edelman, M.D., moves to preclude plaintiffs from adducing *600any proof at the time of trial with regard to allegations of negligence.

Defendant contends that the plaintiffs have failed to properly respond to items 1, 2 and 7 of his demand for a bill of particulars. In addition, Dr. Edelman seeks an order pursuant to CPLR 3124 directing plaintiffs to respond to items 3, 4 and 5 within 20 days from entry of an order and in the event of noncompliance that plaintiffs be precluded from offering any…