De Vincent v. Porsche-Audi Manhattan, Inc.

In a wrongful death action, defendant Volkswagen of America appeals from so much of an order of the Supreme Court, Kings County (Morton, J.), dated October 2, 1980, as denied its motion, pursuant to CPLR 3126, to dismiss plaintiff’s complaint, or, in the alternative, to preclude plaintiff from presenting evidence at trial as to matters contained in Items No. 12 and 13 of its demand for a bill of particulars on the ground that plaintiff failed to comply with a previous order directing full response, or, in the further alternative, for leave to renew its motion for leave to serve…