Jawitz v. British Leyland Motor, Inc.

Motion by defendant for summary judgment in this action for personal injuries is denied. By order of August 30,1971 plaintiff was precluded from offering evidence for failure to serve a bill of particulars and on this motion plaintiff advances no cogent reasons to be relieved from the effect of that order. Defendant seeks summary judgment upon the ground that plaintiff has been precluded pursuant to the aforesaid order from presenting sufficient evidence on the trial to establish a prima facie case. It relies upon Clements v. Peters, 33 A D 2d 1096 [4th Dept., 1970]) which is squarely in…