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CERRONE v. S'DOIA

11 A.D.2d 350 (1960)

Robert J. Cerrone et al., Appellants, v. William S'DOIA, Defendant, and Industrial Bank of Utica, Respondent

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

October 20, 1960.

Attorney(s) appearing for the Case

Williams & Williams (Roger H. Williams and Anthony F. Shaheen of counsel), for appellants.

Rudd, Penberthy & Nelson (Vincent A. De Iorio of counsel), for respondent.

All concur. Present — BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.

Per Curiam.

Plaintiffs appeal from an order of Special Term which granted defendant-respondent's motion to preclude them from giving evidence at the trial of the action, of the items of which particulars were not delivered as demanded in a notice therefor. The action is one for an accounting, and for money damages. The summons was served on defendant-respondent on February 26, 1959. Issue was joined May 19, 1959 and...

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