Fox v. Greenberg

Motion by one of the codefendants in a death action to vacate plaintiffs’ demand that he particularize his affirmative defense of contributory negligence.

The said defendant is the owner of the vehicle involved in the accident, but he was not present when it occurred. It is his contention, based on the ruling in Egan v. Tishman & Sons (222 App. Div. 141) that in situations such as this, where knowledge of the facts surrounding the accident is in the possession of the plaintiffs, a bill of particulars should not be ordered. This ruling, however, was subsequently limited to those circumstances…