Costigan v. Manhattan & Bronx Surface Transit Operating Authority

I find on this record no basis to interfere with Special Term’s disposition which granted plaintiffs motion for summary judgment, dismissing the two affirmative defenses alleged in the answer, upon defendant’s failure to comply with the prior direction of Justice McCooe to serve a bill of particulars responsive to the demand. Although the order of Justice McCooe, by its terms, granted on default plaintiffs motion to preclude defendant, unless MABSTOA served a bill of particulars within 30 days after service of the order, defendant concedes on appeal that it consented to entry of the…