Rodin v. Universal Button Co.

Plaintiff, by separate notice of motion, moves (1) for summary judgment and (2) to modify defendant’s demand for a bill of particulars. Defendant cross-moves for an order directing plaintiff to serve “ an amended complaint wherein shall be set forth a plain and concise statement of the plaintiff’s claim separately stated as to causes of action

The cross motion is denied. Not only is the complaint not objectionable upon the grounds stated, but defendant has, by answering, waived the right to urge them (Bradford v. 27 East 38th St. Realty Corp., 4 A D 2d 830).

Plaintiff’s motion for summary…