Tuffo v. Red Coach Realty, Inc.

Order unanimously affirmed without costs. Memorandum: Special Term properly granted summary judgment to defendants and denied plaintiffs’ cross motion to vacate an order of preclusion entered upon plaintiffs’ failure to respond timely to defendants’ demand for a bill of particulars. Plaintiff Peter Tuffo’s medical excuse for failure to comply was not verified and, in any event, was legally insufficient (see, Le Frois Foods Corp. v Aetna Ins. Co., 47 AD2d 994). Since the information requested in defendants’ demand for a bill of particulars related to every aspect of plaintiffs’ claims, the…