Milton v. Smithtown General Hospital

— In an action to recover damages for medical *856malpractice, defendant Smithtown General Hospital appeals from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated January 24, 1983, as denied its motion pursuant to CPLR 3042 (subd [c]) to preclude plaintiff from proffering evidence at trial. Order reversed, insofar as appealed from, as a matter of discretion, with costs, and appellant’s motion for an order to preclude plaintiff from proffering evidence at trial is granted, unless plaintiff serves a bill of particulars responsive to appellant’s demand. Plaintiff’s time to…