Gaye v. Griffith
Opinion of the Court
In a personal injury action based on negligence, strict liability and breach of warranty, defendant General Motors Corporation (Buick Motor Division) appeals from an order of the Supreme Court, Kings County (Adler, J.), dated June 1, 1981, which denied its motion to preclude plaintiff from presenting evidence at trial with respect to Item No. 11 of said defendant’s demand for a verified bill of particulars or, in the alternative, to compel plaintiff to serve a further bill of particulars. Order modified by adding thereto a provision that plaintiff shall be required to serve a supplemental bill of particulars at such time as he has knowledge of the information requested by defendant General Motors Corporation in Item No. 11 of its demand for a verified bill of particulars. As so modified, order affirmed, without costs or disbursements. Plaintiff’s responses to Item No.Tl of appellant’s demand were unsatisfactory. The statements contained in plaintiff’s bill of particulars were general and conclusory. They failed to adequately inform appellant of the nature of the alleged defects (see Bergman v General Motors Corp., 74 AD2d 886; Paldino v E.J. Korvettes, Inc., 65 AD2d 617; Turna v Ford Motor Co., 38 Misc 2d 528). In
Case-law data current through December 31, 2025. Source: CourtListener bulk data.