ALPERT v. BIRNBAUM


61 Misc.2d 615 (1969)

Molly Alpert et al., Plaintiffs, v. Stanley Birnbaum et al., Defendants.

Supreme Court, Special Term, Kings County.

December 5, 1969


Attorney(s) appearing for the Case

Weinstein, Chayt & Bard for plaintiffs. Martin, Clearwater & Bell for Stanley Birnbaum, defendant. Daniel J. Coughlin for Brookdale Hospital Center, defendant.


ANTHONY J. DiGIOVANNA, J.

Motion to require the plaintiffs to serve a proper bill of particulars is granted. This court has consistently criticized that type of bill of particulars served in malpractice cases which restates the general laws of negligence and malpractice but which fails to isolate the particular acts complained of.

In the first paragraph, it is stated as follows: "In negligently, recklessly and carelessly failing to give proper...

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