Arsenault v. Mittnight

Plaintiff’s action is one for property damages sustained by him as a result of the alleged negligence of the defendants. Defendant Caridi raises in his answer, the affirmative defense of plaintiff’s contributory negligence and assumption of risk pursuant to CPLR article 14-A dealing with comparative negligence.

The plaintiff has served a demand for a bill of particulars upon the defendant Caridi requiring him to furnish a detailed statement of the acts, specific items or omissions constituting the contributory negligence claimed. In response to this demand, the defendant alleged that he "will…