Appellate Division of the Supreme Court of the State of New York June 30, 1986 (Murphy v. Capone)

In an action, inter alia, to recover damages for defamation, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Benson, J.), dated June 3, 1985, which granted the respondents’ motion to preclude the plaintiff from giving evidence at trial regarding items of which particulars were not timely delivered, and (2) an order of the same court (Burchell, J.