# Brown v. Bazin

> Appellate Division of the Supreme Court of the State of New York · June 9, 1986 · 121 A.D.2d 422

URL: https://www.frixlaw.com/law-library/cases/5887234

## Case

- **Full name:** Claire Brown v. Raphael Bazin
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 9, 1986
- **Citations:** 121 A.D.2d 422; 503 N.Y.S.2d 120; 1986 N.Y. App. Div. LEXIS 58386
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5887234

## Opinion text

In a medical malpractice action, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated April 2, 1985, which denied his application for an order striking the complaint as a sanction for failing to serve a proper bill of particulars and granting summary judgment based upon such condition.
Order reversed, as a matter of discretion, with costs, and motion granted.
Despite several opportunities to do so, the plaintiff has failed in various bills of particulars to apprise the defendant of the specific acts of negligence constituting the medical malpractice charged in the complaint. The complaint speaks *423 without specification and although the demand for a bill of particulars included inquiry into specific allegations, the plaintiff in her several bills of particulars failed to give the information requested. Considering the lengthy history of the defendant’s attempts to obtain the information to which he is entitled, the complaint should be dismissed (see, Siegel, NY Prac § 241). Lazer, J. P., Brown, Rubin and Eiber, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5887234. Public record. Not legal advice.