Ferreri v. Dworman Associates, Inc.

This is a motion by defendant L & J Concrete Corp. to preclude plaintiff or for a further bill of particulars of plaintiff’s complaint. Plaintiff sues for damages to his building caused by defendants’ demolition of an adjoining-building and party wall.

As a general rule, of course, an allegation of general damages does not have to be particularized (Wolff v. Hubert, 200 App. Div. 124, 125). But, here, the moving party is requesting a particularization of the damaged items and the cost of repairing each item. The complaint, in paragraph 12 thereof, alleges damage to various parts of the…