Opinion
November 16, 1987
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the order is reversed, with costs, and defendants Januzzi and Levine are precluded from offering evidence at trial on the issues contained in items 5, 6, 7 and 8 of the plaintiff's verified demand for a bill of particulars separately served upon them unless they respond thereto within 20 days after service upon them of a copy of this decision and order, with notice of entry.
The second cause of action in the complaint alleged that the defendants treated the infant plaintiff without obtaining an informed consent. In their answers, Januzzi and Levine interposed the affirmative defenses found in Public Health Law § 2805-d (4). The burden of proving these defenses resides with Januzzi and Levine (see, Rubino v. Albany Med. Center Hosp., 117 A.D.2d 909; CPLR 3018 [b]). Accordingly, they must respond to items 5, 6, 7 and 8 of the demand for a verified bill of particulars, which seek amplification of these issues. Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.