Ryan v. Beavers

Order unanimously reversed on the law with costs and motion granted, in accordance with the following Memorandum: The court correctly found that the CPLR article 16 affirmative defense of defendants Martinez and Speilberg does not apply to plaintiff’s cause of action for wrongful death, which involves economic loss (see, CPLR 1600, 1601). However, for three reasons the court erred in holding that defendants need not provide a bill of particulars with respect to that defense to a second cause of action. First, defendants Martinez and Speilberg are bound by their stipulation, which was *1046reduced…