Costigan v. Manhattan & Bronx Surface Transit Operating Authority

Order, Supreme Court, Bronx County, entered May 9, 1978, which granted plaintiff’s motion for summary judgment dismissing defendant’s affirmative defenses and denied defendant’s cross motion to modify a prior conditional order of preclusion as to permit late service of a bill of particulars is reversed, on the law and in the exercise of discretion and plaintiff’s motion for partial summary judgment is denied, the cross motion to modify the conditional order of preclusion is granted on condition that defendant serve a responsive bill of particulars and pay the plaintiff $250 costs within 30…