Rubin v. City of New York

If the rule announced in Smith v. Woodbury Farms & Realty Corp. (265 App. Div. 885) is to be restricted to accidents happening on private property as distinguished from the public highway, the court which made the decision should promulgate such limitation — not the Special Term. (See Levine v. Rosenman, 192 Misc. 1010.)

Accordingly, the motion to preclude is granted unless plaintiff shall serve a further bill of particulars setting forth (a) the city ordinances, regulations and statutes which plaintiff claims, defendant violated; (b) the nature and extent of the prior head injury which…