Hanover Insurance v. U.W. Marx, Inc.

Appeal from an order of the Supreme Court (Canfield, J.), entered April 23, 1996 in Rensselaer County, which, inter alia, granted plaintiff s motion to strike a response in defendant’s verified bill of particulars.

The facts underlying this appeal may be found in our prior decision wherein we granted summary judgment dismissing defendant’s affirmative defense predicated upon the antisubrogation rule (State of New York v U.W. Marx, Inc., 209 AD2d 784). In accordance with our decision, plaintiff served a second amended complaint upon defendant which tendered an amended answer setting forth,…