Golowaty v. Machnick Construction Co.

Appeal from an order which dismissed the plaintiff’s cause of action, as set forth in the complaint, on the ground that “plaintiff is precluded from offering any proof at the trial of such action as to his items of damage and the defendant’s negligence”. The controversy concerns a demand for a bill of particulars in a property damage claim based on negligence. The defendant on March 6, 1965, in response to a complaint, served an answer and a demand for bill of particulars. An order of preclusion was signed on July 9, 1965 with a provision that it would become effective unless within 20 days…