Kozak v. Berger

Defendant seeks to preclude the plaintiff for failure to comply with defendant’s demand for a bill of particulars (CPLR 3042, subd. [d]).

Paragraph “Sixth” of plaintiff’s complaint alleges certain violations of ordinances and statutes by defendant herein and pursuant thereto, defendant did demand of plaintiff under para*120graph two of the bill of particulars, “ a statement of each and every statute and ¡ordinance which plaintiff claims to have been violated by the defendant. ’ ’

That in response to said demand, the plaintiff set forth the following: " 2. Plaintiff will rely upon the Judge’s charge…