Smith v City of New York
2022 NY Slip Op 00830 [202 AD3d 493]
February 8, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2022


[*1]
 Ana J. Smith, Respondent,
v
City of New York et al., Defendants, and Esther Zarembski, Appellant.

Perry, Van Etten, Rozanski & Kutner, LLP, Melville (Megan R. Pollastro of counsel), for appellant.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered April 6, 2021, which denied defendant Esther Zarembski's motion to preclude plaintiff from offering evidence at trial with respect to any of the particulars set forth in defendant's demand for a verified bill of particulars, or, in the alternative, to compel plaintiff to provide a bill of particulars by a date certain, unanimously affirmed, without costs.

In response to defendant's demand, plaintiff furnished a bill of particulars that contained an adequate description of the date and approximate time of the alleged occurrence, the location of the accident, the acts or omissions of defendant constituting negligence, and the manner in which defendant obtained notice of the dangerous condition (see CPLR 3043 [a] [1]-[5]; [c]; see e.g. Harris v Ariel Transp. Corp., 37 AD3d 308 [1st Dept 2007]). Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.