Bernard Cesar, Inc. v. Eberle

Order unanimously affirmed, without costs. Memorandum: Defendants appeal from an order at Special Term which denied their motion for a preclusion order and granted plaintiff’s cross motion to stay service of a bill of particulars until 20 days after completion of disclosure proceedings. CPLR 3042 (subd. [a]) provides that a motion to vacate or modify a demand for a bill of particulars is the method of obtaining protection from a premature or improper .demand for á bill of particulars; and subdivision (c) of that section provides that the court may preclude a party from giving evidence at the…