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RANDAZZO v. OUR LADY OF MERCY MEDICAL CENTER

284 A.D.2d 158 (2001)

726 N.Y.S.2d 638

ANNA M. RANDAZZO, Respondent, v. OUR LADY OF MERCY MEDICAL CENTER et al., Appellants.

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

Decided June 12, 2001.

Contrary to defendants' claim, they were not entitled to preclusion on the ground that plaintiff failed to particularize the category of serious injury in her bill of particulars. Before the sanction of preclusion is granted or a pleading stricken for failure to respond fully to or comply with a demand for a bill of particulars, a showing of willful and contumacious conduct is necessary (see, Kovacs v Castle Restoration & Constr., 262 A.D.2d 165...

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