St. Louis v. Willey

— Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered December 16,1981 in Albany County, which denied defendant’s motion for summary judgment and granted plaintiff’s cross motion for an extension of time to serve a bill of particulars. This action to recover money damages for pain and suffering and wrongful death of plaintiff’s intestate as a result of an automobile accident was commenced on March 7, 1980. Issue was joined on or about October 8,1980, when defendant served an answer together with a demand for a bill of particulars. Upon plaintiff’s failure to serve…