Gevinson v. Kirkeby-Natus Corp.

Eager, J. (dissenting in part).

Although I am in general agreement with the reasoning of the majority opinion, I conclude that in this case the discretion of Special Term was properly exercised to require the plaintiffs to furnish the particulars as demanded, with the exception that I would eliminate the requirement that plaintiffs supply copies of statutes and court decisions.

Where the theories by which plaintiffs compute their several claims of damages are unclear, the defendants are entitled to particulars of such damage so that they will be able to properly prepare for trial. (See Shaw v.…