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ALDRICH v. MORNINGSIDE HEIGHTS HOUS. CORP.

2 Misc.2d 60 (1956)

Patricia Aldrich, an Infant, by Helen C. Aldrich, Her Guardian ad Litem, et al., Appellants, v. Morningside Heights Housing Corporation, Respondent.

Supreme Court, Appellate Term, First Department.

February 2, 1956.

Attorney(s) appearing for the Case

Melvel W. Snitow and Sydney Snitow for appellants.

Edward J. Hale for respondent.

EDER, HECHT and AURELIO, JJ., concur.

Per Curiam.

Generally, the practice of not promptly complying with a demand for a bill of particulars or moving with respect thereto, if the demand is deemed improper, should be discouraged. The failure of plaintiffs to serve a bill of particulars within the time specified in the order of preclusion undoubtedly prejudiced the defendant under all the circumstances of this case. However, if plaintiffs were to proceed to trial with the order of preclusion outstanding...

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