BRODER v. CITY OF NEW YORK

We find that plaintiffs' failure to provide additional particulars to defendants respecting liability was not willful. Since plaintiffs did comply, albeit not in a timely fashion, with the prior order of the Supreme Court, in serving a bill of particulars dated May 16, 1986, we feel that the sanction of preclusion imposed by the IAS court was too severe, and modify accordingly.

Concur — Kupferman, J.P., Sullivan, Ross, Asch and Ellerin, JJ.