BAUMGARTEN v. BRATT


11 A.D.2d 803 (1960)

Yvette Baumgarten, Respondent, v. Miriam Bratt, Appellant, et al., Defendant

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

July 13, 1960


Order, dated February 23, 1960, reversed, with $10 costs and disbursements, and motion denied, with $10 costs, without prejudice to renewal upon proper affidavits reciting the facts showing a meritorious cause of action and a meritorious excuse for plaintiff's failure to serve the bill of particulars in accordance with the terms of the preclusion order of August 3, 1959.

The present record furnishes a wholly inadequate basis for the exercise of the court's...

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