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ROGERS v. MERRITT, CHAPMAN & SCOTT

29 Misc.2d 571 (1961)

Philip Rogers et al., Plaintiffs, v. Merritt, Chapman & Scott Corporation, Defendant.

Supreme Court, Special Term, Ulster County.

April 1, 1961

Attorney(s) appearing for the Case

Sidney Appelbaum for defendant. Wiess & Costa for plaintiffs.

LOUIS G. BRUHN, J.

This is a motion on behalf of the defendant for an order precluding the plaintiffs from presenting any evidence for which a bill of particulars has been demanded and has not been complied with.

Rule 115 of the Rules of Civil Practice provides in part:

"(a) * * * If the party upon whom such notice is served is unwilling to give such particulars, in whole or in part, he may...

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