Opinion
October 2, 1978
In a medical malpractice action, the appeals are from so much of two orders (one as to each appellant) of the Supreme Court, Kings County, both dated May 18, 1978, as granted the plaintiff's motions to strike Items Nos. 5, 6, 8 and 9 from each of the appellant's demand for a bill of particulars. Orders affirmed insofar as appealed from, with one bill of $50 costs and disbursements. Venezia v Klinger ( 61 A.D.2d 1145) and Johnson v Charow ( 43 A.D.2d 668) are controlling here. Insofar as Nelson v New York Univ. Med. Center ( 51 A.D.2d 352 [1st Dept]) is to the contrary, we decline to follow it. Damiani, J.P., Suozzi, Shapiro and Cohalan, JJ., concur. [ 94 Misc.2d 680.]