Rubin v. City of New York

If the rule announced in Smith v. Woodbury Farms & Realty Corp. ( 265 App. Div. 885 ) is to be restricted to accidents happening on private property as distinguished from the public highway, the court which made the decision should promulgate such limitation — not the Special Term. (See Levine v. Rosenman, 192 Misc. 1010 .)

Accordingly, the motion to preclude is granted unless plaintiff shall serve a further bill of particulars setting forth (a) the city ordinances, regulations and statutes which plaintiff claims, defendant violated; (b) the nature and extent of the prior head injury which plaintiff claims was aggravated by the present accident; (c) the length of time plaintiff will claim he was incapacitated from his employment; (d) the loss of earnings, if any, plaintiff will claim. Settle order on notice requiring bill to be served within twenty days after service of the order herein.