Hayhurst v. O'Rourke

This action is brought pursuant to section 130 of the Decedent Estate Law to recover damages for personal injuries resulting in the death of plaintiff’s intestate.

*531The codefendant, New York Telephone Company, served upon the plaintiff, a demand for a bill of particulars. The plaintiff complied and furnished copies thereof to all party defendants. Subsequently a supplemental bill of particulars in accordance with the order of this court, was served.

The answers of both defendants allege as an affirmative defense that the mishap occurred in whole or in part by the plaintiff’s intestate’s…