Slutsky v. United Skates of America

Appellate Division of the Supreme Court of New York

Slutsky v. United Skates of America

190 A.D.2d 847, 594 N.Y.S.2d 650, 1993 N.Y. App. Div. LEXIS 1635

Appellate Division of the Supreme Court of the State of New York·Decided February 22, 1993·Published

Opinion

— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kutner, J.), dated October 16, 1990, which granted the defendant’s motion for partial summary judgment and struck that portion of item number 7 of the plaintiffs’ bill of particulars which recites "and otherwise being reckless, careless and negligent”.

Ordered that the order is affirmed, with costs.

It was not an improvident exercise of discretion for the Supreme Court to grant the defendant’s motion (see, CPLR 2106; Matter of American Sec. Ins. Co. v Austin, 110 AD2d 697). Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.

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— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kutner, J.), dated October 16, 1990, which granted the defendant’s motion for partial summary judgment and struck that portion of item number 7 of the plaintiffs’ bill of particulars which recites "and otherwise being reckless, careless and negligent”.

Ordered that the order is affirmed, with costs.

It was not an improvident exercise of discretion for the Supreme Court to grant the defendant’s motion (see, CPLR 2106; Matter of American Sec. Ins. Co. v Austin, 110 AD2d 697). Thompson, J. P., Balletta, Rosenblatt and Eiber, JJ., concur.

Slutsky v. United Skates of America, 190 A.D.2d 847, 594 N.Y.S.2d 650, 1993 N.Y. App. Div. LEXIS 1635 (N.Y. Ct. App. 1993).

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190 A.D.2d 847 (Slutsky v. United Skates of America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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