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KLEINBERG ELEC., INC. v. CITY OF NEW YORK

255 A.D.2d 248 (1998)

680 N.Y.S.2d 498

Kleinberg Electric, Inc., Respondent, v. City of New York, Appellant. (And a Third-Party Action.)

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

November 24, 1998

Although defendant City was admittedly late in furnishing the bill of particulars in response to plaintiff's demands, there was no court order extant ordering it to furnish the bill. Thus, the drastic sanction of preclusion should not have been invoked by the Supreme Court (see, Sieden v Copen, 170 A.D.2d 262). However, plaintiff's attorneys incurred expense and were inconvenienced...

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