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CITIES SERV. OIL CO. v. 307 SUMMER ST., INC.

9 A.D.2d 1025 (1959)

Cities Service Oil Company, Respondent, v. 307 Summer Street, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1959

Memorandum:

The order appealed from was made upon plaintiff's third motion to preclude. The first motion was denied when defendants served a purported bill of particulars at the time of the argument. Believing it inadequate, plaintiff moved a second time and defendants then attempted to serve a supplemental bill of particulars which Special Term rejected and ordered preclusion unless defendants served a further bill. Defendants...

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