Stidham v. Clerk

Memorandum: Plaintiff, as temporary administratrix of decedent’s estate, commenced this action seeking damages for, inter alia, the alleged medical malpractice of Harnath Clerk, M.D. (defendant) in his treatment of decedent. Supreme Court properly denied the motion of defendant seeking to compel plaintiff to provide further particulars with respect to demand numbers one and two in his demand for a bill of particulars. We reject defendant’s contention that the response by plaintiff to demand number one is vague and nonresponsive. It is well established that “a bill of particulars in a medical…