Soblick v. Schwarzbrott

This is an action for salesman’s commissions. Defendant moves to preclude plaintiff from adducing evidence as to the items set forth in a demand for a bill of particulars. Plaintiff cross-moves for discovery and inspection of various books of account and miscellaneous fiscal records and documents, more specifically described in the moving papers.

The motion to preclude: The action was commenced on May 28, 1960 by summons with indorsement of oral complaint. By order of this court, dated June 9,1960, plaintiff was required to serve and file a long-form written complaint. The demand for a bill of…