Brady v. Benedictine Hospital

Appeal from an order of the Supreme Court at Special Term, entered January 19, 1979 in Ulster County, which denied appellant’s motion to preclude pursuant to CPLR 3042 (subd [b]). At issue here is the adequacy of respondent’s bill of particulars. Special Term denied appellant’s motion for an order of preclusion or, in the alternative, an order requiring service of an amended bill of particulars. Appellant contends that the bill of particulars improperly reserves rights to furnish a supplemental bill of particulars without leave of court in Items Nos. 3, 6, 16, 19 and 20. CPLR 3043 (subd [b])…