Pistorio v. Levine

Pursuant to defendant’s demand for a bill of particulars in this negligence action, plaintiff served a bill of particulars which contained the following paragraph: *26311 tenth. The plaintiff, Joseph Pistorio, will seek to charge the defendant with future medical services, future hospital expenses, if any, future drug bills, if any, future x-rays, if any, and future nurses’ services, if any, for and on behalf of his son, Casper Pistorio.”

The defendant now moves for an order striking and deleting said paragraph ‘ ‘ tenth ’ ’ on the ground that it constitutes a so-called ‘ ‘ reservation ” clause,…