Saint v. Westoff

This seemingly routine motion for an order of preclusion raises an interesting question respecting the ramifications of the recently enacted CPLR article 14A (CPLR 1411-1413). That question is whether a defendant in an action to recover damages for personal injury may be required to serve a bill of particulars respecting the newly created affirmative defense of "culpable conduct” (CPLR 1412). The court answers this question in the affirmative.

CPLR 1411 eliminates the common-law bar to recovery for personal injury plaintiffs found guilty of contributory negligence or assumption of risk and…