Tomasino v. Prudential Westchester Corp.

In an action to recover damages for breach of a lease, appellant moved to preclude respondent from giving evidence on the trial because of respondent’s failure to serve a bill of particulars. The motion was granted, unless respondent served a hill of particulars within thirty days, except as to certain items which were disallowed. The appeal is from so much of the order as disallowed those items. Order modified by striking from the ordering paragraph the words and figures “ except items 4-a, 4-c, 4-e, 4-f and 6-d, which are hereby disallowed.” As so modified, order affirmed, without costs.…