D'ANTONIO v. FITZGERALD


11 A.D.2d 804 (1960)

Guillio D'Antonio et al., Respondents, v. Arthur Fitzgerald, Appellant

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

July 13, 1960


Under the latter order plaintiffs were precluded from offering evidence upon the trial with respect to matters as to which a bill of particulars had been demanded, unless plaintiffs served the bill within 60 days after service of a copy of said order — a copy having been duly served on March 10, 1959. Order dated February 24, 1960 reversed, with $10 costs and disbursements, and motion denied, with $10 costs, without prejudice to renewal upon proper affidavits reciting...

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