St. Paul Fire & Marine Insurance v. Bernstein Management Corp.

OPINION OF THE COURT

Michael D. Stallman, J.

Defendants move for an order of preclusion against the plaintiff as to matters set forth in the complaint due to plaintiff’s failure to timely comply with a demand for a bill of *1048particulars and various document disclosure requests. In this action, plaintiff seeks to recover the amount paid to its insured for water damage allegedly caused by the negligence of defendants in their ownership and control of the subject premises.

On or about November 3, 1992, defendants served a demand for a bill of particulars upon plaintiff. On or about April 27, 1993…