Opinion
February 4, 1988
Appeal from the Supreme Court, New York County (Bruce McM. Wright, J.).
We find that plaintiffs' failure to provide additional particulars to defendants respecting liability was not willful. Since plaintiffs did comply, albeit not in a timely fashion, with the prior order of the Supreme Court, in serving a bill of particulars dated May 16, 1986, we feel that the sanction of preclusion imposed by the IAS court was too severe, and modify accordingly.
Concur — Kupferman, J.P., Sullivan, Ross, Asch and Ellerin, JJ.