Aker v. Kelly

Defendants Cosgrove move for an order precluding plaintiff from giving evidence at the trial as to matters covered by items “ 3 ”, “ 4 ”, “ 6 ”, “ 7 ”, “ 12 ”, “ 13 ”, “ 14 ”, 15 ” and “ 16 ” of the demand. Apparently after this motion was instituted, plaintiff served a supplemental bill of particulars.

In furnishing the particulars requested, a bill should follow the designation of the items set forth in the demand and each item of the demand must be answered separately and categorically under its own number and subdivision (Desimone v. Robertson, 19 Misc 2d 80, 82; Matter of Heller, 205…