Murphy v. Capone

In an action, inter alia, to recover damages for defamation, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Benson, J.), dated June 3, 1985, which granted the respondents’ motion to preclude the plaintiff from giving evidence at trial regarding items of which particulars were not timely delivered, and (2) an order of the same court (Burchell, J.), dated September 5, 1985, which granted the respondents’ motion for summary judgment based upon the order of preclusion.

*703Order dated June 3,1985, reversed, and motion denied.

Order dated September 5, 1985, reversed,…