Appellate Division of the Supreme Court of New York, 1986

Roth v. Brooklyn Hospital

Roth v. Brooklyn Hospital
Appellate Division of the Supreme Court of New York · Decided May 27, 1986
120 A.D.2d 725; 502 N.Y.S.2d 660; 1986 N.Y. App. Div. LEXIS 56847
Roth v. Brooklyn Hospital

Opinion of the Court

— In a medical malpractice action, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated January 3, 1985, as denied her motion to strike certain specified items from the demand for a bill of particulars of the defendants Anthony N. Manoli and Anthony N. Manoli, M.D., P.C.

Order reversed insofar as appealed from, with costs, and items Nos. 2, 3, 4, 5, 6, 7, 10, 11 and 27 of the demand for a bill of particulars of the respondents are stricken.

The items stricken seek evidentiary matter which should be sought in discovery proceedings rather than in a bill of particulars. Mangano, J. P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.

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