McCarthy v. Schor & Rosner

Plaintiffs move, under rule 113 of the Rules of Civil Practice, for an order granting summary judgment against defendant Schor & Rosner, a partnership (hereinafter referred to as defendant), and directing immediate assessment of damages by a jury. Defendant cross-moves for an order of preclusion for failure of plaintiffs to serve a bill of particulars pursuant to demand.

The action is one to recover damages for personal injuries allegedly sustained by the infant plaintiff Barbara McCarthy as a result of the negligence of defendant’s employee, Julius Stern, in the operation of a motor vehicle…