Tafoya v. Becker

In a medical malpractice action, the defendant Becker appeals from an order of the Supreme Court, Nassau County, dated August 5, 1977, which denied his motion for an order of preclusion predicated upon plaintiff’s failure to serve a bill of particulars. Order reversed, with $50 costs and disbursements, and motion to preclude granted unless plaintiff serves and files a supplemental bill of particulars with respect to items 3, 5, 6 and 8 of defendant Becker’s demand within 10 days after service upon her of a copy of the order to be entered hereon, together with notice of entry thereof. If…