Murphy v. Capone

In an action, inter alia, to recover damages for defamation, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Palella, J.), dated April 11, 1989, as granted the defendants’ motion for a final order of preclusion as to certain enumerated items contained in the bill of particulars.

Ordered that the order is affirmed insofar as appealed from, with costs.

Having received a bill of particulars that they considered to be insufficient, the defendants moved for an order of preclusion or a further bill of particulars (see, CPLR 3042 [d]).…