Pines v. Muss Development Co.

In a negligence action to recover damages for personal injuries, the defendant Westinghouse Elevator Co., Inc., appeals from so much of an order of the Supreme Court, Queens County (Leviss, J.), dated October 17, 1989, as granted its motion to strike the plaintiffs supplemental bill of particulars in its entirety only to the extent of striking the provision thereof claiming medical special damages.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the Supreme Court did not improvidently exercise its discretion by refusing to strike…