CLOROFILLA v. TOWN OF NEW CASTLE


32 A.D.3d 976 (2006)

820 N.Y.S.2d 894

STEPHEN CLOROFILLA, Respondent, v. TOWN OF NEW CASTLE et al., Appellants.

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

September 26, 2006.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion, in effect, to strike the portions of the plaintiff's bill of particulars which asserted that the plaintiff sustained certain emotional and physical injuries as the result of the defendants' conduct. The portions of the bill of particulars at issue were directly responsive to the demand therefor, which sought, inter alia, "every additional item of damage or expense...

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