Macri v. St. Agnes Cemetery, Inc.

There are two basic questions to be determined on the present motion to preclude. The defendant avers that the bills of particulars are defective as to verification and not responsive. The plaintiffs urge that they are responsive and that the originals were properly verified. The plaintiffs served a supplemental bill of particulars with their answering-affidavit on the motion, to which the defendant, by reply affidavit, raised the issue of the defective verification. The record indicates that some delay is involved in the pleadings and the instant motion; however, under the circumstances the…