Bycel v. Freeman

OPINION OF THE COURT

Bernard F. McCaffrey, J.

The defendant raises an innovative defense to this motion by the plaintiff for an order precluding defendant from proving the matters as to which a bill of particulars was demanded, and as to which no particulars have been served, striking the answer of defendant for failure to comply with a notice for discovery and inspection, and setting this case down for inquest.

It is the defendant’s contention that the 1975 amendment to CPLR 1412, which now casts a duty upon the defendant to prove the contributory negligence of the plaintiff, is merely a pro…