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MACRI v. ST. AGNES CEMETERY, INC.

44 Misc.2d 702 (1965)

Rose Macri et al., Plaintiffs, v. St. Agnes Cemetery, Inc., et al., Defendants.

Supreme Court, Special Term, Albany County.

January 6, 1965

Attorney(s) appearing for the Case

Iannuzzi & Iannuzzi for plaintiffs. Dugan, Casey, Burke & Lyons (John J. Yanas of counsel), for St. Agnes Cemetery, Inc., defendant. Halter, Sullivan & Rehfuss for defendants.

JOHN H. PENNOCK, J.

There are two basic questions to be determined on the present motion to preclude. The defendant avers that the bills of particulars are defective as to verification and not responsive. The plaintiffs urge that they are responsive and that the originals were properly verified. The plaintiffs served a supplemental bill of particulars with their answering affidavit on the motion, to which the...

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