Stidham v. Clerk

Hurlbutt and Lunn, JJ.

(dissenting in part).

We respectfully dissent in part because we cannot agree with the majority that Supreme Court properly denied that part of the motion of Harnath Clerk, M.D. (defendant) seeking to compel plaintiff to provide further particulars with respect to demand number two in his demand for a bill of particulars. Plaintiff alleges in the third cause of action that defendant rendered medical care to plaintiffs decedent “beginning on or about 2003 and through at least on or about August 28, 2004” and that, due to defendant’s malpractice, decedent suffered personal…