KOVACS v. CASTLE RESTORATION AND CONSTRUCTION, INC.


262 A.D.2d 165 (1999)

692 N.Y.S.2d 63

SANDOR A. KOVACS et al., Respondents, v. CASTLE RESTORATION AND CONSTRUCTION, INC., Appellant. (And a Third-Party Action.)

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

Decided June 17, 1999.


It was error to preclude defendant from introducing any testimony regarding plaintiff's alleged culpable conduct, negligence or assumption of the risk, all of which, in its answer, defendant had asserted as an affirmative defense. At trial, plaintiff, for the first time, raised the issue of defendant's eight-month failure to serve a bill of particulars, which failure, as the record discloses, was due to oversight. On the basis of such failure, plaintiff, by oral motion, sought...

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