COSTIGAN v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


68 A.D.2d 844 (1979)

Mary Costigan, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 20, 1979


Costs and disbursements of the appeal are awarded to plaintiff. In the event defendant fails to abide by the above conditions, the order is affirmed, with costs.

In this personal injury action defendant's answer contained two affirmative defenses. Plaintiff served a demand for a bill of particulars relative to the affirmative defenses. Approximately six months later plaintiff moved for an order of preclusion because defendant had not responded. Defendant contended...

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