Walzer v. Rettner

This is a motion by defendant to direct plaintiff to serve a bill of particulars. The demand is complicated enough, but more to the point at this time is the tardiness of the application. It appears that suit was commenced in May, 1958, and that on April 8, 1959, plaintiff duly served upon defendant a note of issue and statement of readiness. No motion was made by defendant with respect thereto (Special Rule Respecting Calendar Practice, New York County Supreme Court Rules).

Defendant’s application for a bill is opposed by plaintiff on the ground that defendant’s failure to move, within 20…