Appellate Division of the Supreme Court of New York, 1993

Corning v. Rye Radiology Associates

Corning v. Rye Radiology Associates
Appellate Division of the Supreme Court of New York · Decided June 28, 1993
194 A.D.2d 760; 599 N.Y.S.2d 1010; 1993 N.Y. App. Div. LEXIS 6716
Corning v. Rye Radiology Associates

Opinion of the Court

—In an action to recover damages for medical malpractice, the defendants Roy C. Gumpel and the Rye Medical Center appeal from so much of an order of the Supreme Court, Westchester County (Wood, J.), entered April 16, 1991, as denied their motion to strike stated paragraphs of the plaintiff’s bills of particulars and preclude the *761plaintiff from introducing evidence at trial regarding those items for which particulars were demanded.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that the plaintiffs bills of particulars were specific enough and were in conformity with the requirements of CPLR 3043 (a) (3). Thompson, J. P., Sullivan, Miller, Ritter and Santucci, JJ., concur.

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