Theocharidis v. Weber Stores, Inc.

OPINION OF THE COURT

Frederic E. Hammer, J.

Defendant Weber Stores, Inc., seeks (1) to strike plaintiffs’ action from the Trial Calendar, and (2) for summary judgment against plaintiffs. The motion is without opposition.

*365This action arises out of an alleged accident occurring on a public sidewalk in Queens County on May 5, 1976. The answer interposed by the moving defendant denies the material allegations of the complaint. Issue was joined on December 2, 1976. The moving defendant demanded a specific verified bill of particulars pursuant to CPLR 3043 on or about December 13, 1976.

Plaintiffs…