Sher v. Pellicano

In an action to recover damages, inter alia, for malicious prosecution, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated December 29, 1993, as denied that branch of their motion which was for an order of preclusion.

Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to an order dated October 6, 1992, the plaintiffs had timely served a supplemental bill of particulars which was rejected by the defendants as inadequate and not responsive. The defendants then moved for an order of…