Mull v. Kenyon

OPINION OF THE COURT

Loren N. Brown, J.

By notice of motion, dated February 9, 1983, and supporting affidavit, the defendant moves for an order pursuant to CPLR 3042 “precluding the plaintiff from offering evidence for which the particulars have been demanded in demand number 10 of the demand for a verified bill of particulars dated November 9,1982, or, in the alternative, requiring the plaintiff to serve a further bill of particulars”.

The plaintiff opposes the motion by affirmation, subscribed on March 3, 1983.

This is an action to recover money damages allegedly resulting from an automobile…