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KOZAK v. BERGER

42 Misc.2d 119 (1964)

Rudolph Kozak, Individually and as Guardian ad Litem of Richard Kozak, an Infant, Plaintiff, v. Arthur W. Berger, Defendant.

Supreme Court, Special Term, Erie County.

February 25, 1964

Attorney(s) appearing for the Case

Citak & Vinolus (Peter A. Vinolus of counsel), for plaintiff. Miles, Cochrane, Grosse, Rossetti & Lord (Lowell Grosse of counsel), for defendant.

MATTHEW J. JASEN, J.

Defendant seeks to preclude the plaintiff for failure to comply with defendant's demand for a bill of particulars (CPLR 3042, subd. [d]).

Paragraph "Sixth" of plaintiff's complaint alleges certain violations of ordinances and statutes by defendant herein and pursuant thereto, defendant did demand of plaintiff under paragraph two of the bill of particulars, "a statement of each and...

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