From Casetext: Smarter Legal Research

Lesser v. Kennedy

Supreme Court, Special Term, Queens County
Oct 8, 1959
19 Misc. 2d 812 (N.Y. Sup. Ct. 1959)

Opinion

October 8, 1959

Bivin Welch for defendants.

Fuchsberg Fuchsberg for plaintiffs.


Motion by the defendants for an order of preclusion with regard to items "5," "11" and "13" of their demand for a bill of particulars, dated May 21, 1959, or, in the alternative, directing plaintiffs to serve a further bill of particulars with regard to said items and striking out a reservation contained in the bill of particulars dated August 28, 1959.

The motion is granted to the extent of directing plaintiffs to serve a further bill of particulars with respect to the items involved. The plaintiffs' time to contest the items of the demand has long expired and they may not object to such items for the first time when a motion to preclude is made. ( Tomasino v. Prudential Westchester Corp., 1 A.D.2d 781.) The fact that some of the information sought is not specifically enumerated in any of the subdivisions of rule 116 of the Rules of Civil Practice does not render the items for such information improper in view of the language of subdivision (j) of said rule. ( Sher v. Roth-Schenker Corp., 72 N.Y.S.2d 684.)

Insofar as it is sought to strike from the bill of particulars the reservation of the right to prove further and additional damages and all the competent sequelae as are associated with such injuries, the motion is denied except that the plaintiffs will be required to serve a supplemental bill of particulars with respect thereto at least 10 days before the trial. ( Manufacturers Dealers Motor Underwriters v. Fire Brokers' Assn., 186 App. Div. 762, 764; Krstulja v. Krstulja, 200 Misc. 186.) The further bill will be served within 10 days of the service of a copy of the order to be entered hereon.

Settle order.


Summaries of

Lesser v. Kennedy

Supreme Court, Special Term, Queens County
Oct 8, 1959
19 Misc. 2d 812 (N.Y. Sup. Ct. 1959)
Case details for

Lesser v. Kennedy

Case Details

Full title:MICHAEL LESSER an Infant, by JACK LESSER His Guardian ad Litem, et al.…

Court:Supreme Court, Special Term, Queens County

Date published: Oct 8, 1959

Citations

19 Misc. 2d 812 (N.Y. Sup. Ct. 1959)
193 N.Y.S.2d 63

Citing Cases

Rico v. Pierleoni

However, Justice McCURN, in a strong dissent, suggested that, while the authority provided by the rule might…

Watrous v. Harris

By cross moving for permission to serve a supplemental bill of particulars, plaintiffs' attorney has…