ADAMES MERCEDES v. 2246 (1999)

Order, Supreme Court, Bronx County (Anne Targum, J.), entered on or about February 24, 1998, which denied defendant-appellant's motion to strike the complaint for plaintiffs' failure to serve a bill of particulars, unanimously affirmed, with costs.

 The motion was properly denied, notwithstanding plaintiffs' default in opposing it, because of appellant's counsel's failure to “submit documentation” of his having conferred with opposing counsel, “both by telephone and by letter”, in a good faith effort to resolve the matter of plaintiffs' unserved bill of particulars, as required by the motion court's prior order granting appellant's prior motion to compel plaintiffs' service of a bill of particulars but conditioning the “making of any further motions” upon such communications and documentation.   In any event, appellant, who notes plaintiffs' failure to furnish a bill of particulars at two preliminary conferences held after the prior order, does not describe what transpired at those conferences or explain why the court took no action thereat, and thus fails to show willful and contumacious conduct necessary to the relief it seeks.

MEMORANDUM DECISION.