Fremont Investment & Loan v. Gentile

In an action to foreclose a mortgage, the defendant Mary Gentile appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (James J. Golia, J.), entered January 20, 2011, as denied that branch of her motion pursuant to CELR 3126 which was to preclude the plaintiff from giving evidence at trial with respect to the denials of and defenses to her counterclaim, as set forth in the plaintiffs bill of particulars.

Ordered that the order is affirmed insofar as appealed from, with costs.

The purpose of a bill of particulars is to amplify the pleadings, limit the…