MONTAGNA v. PROFETA


17 Misc.2d 59 (1959)

Samuel Montagna, Plaintiff, v. Frances Profeta, Defendant.

Supreme Court, Niagara County.

May 8, 1959.


Attorney(s) appearing for the Case

John J. Phelan for defendant.

Stanley Grossman for plaintiff.


MICHAEL CATALANO, J.

This is a motion for an order precluding evidence as to matters demanded in items 4 and 8 of the demand for a bill of particulars dated February 9, 1959, or, compelling the plaintiff to serve an amended bill in response to those items and omitting from paragraph 4 the words: "Plaintiff specifically reserves the right to prove any and all injuries resulting from this accident on the basis of further medical reports, records and testimony...

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