ALLSTATE INS. CO. v. BUTINDARI


27 A.D.2d 653 (1967)

Allstate Insurance Company, Appellant, v. Joseph Butindari, Defendant, and Joseph T. Butindari, an Infant, by His Father and Natural Guardian, Joseph S. Butindari, et al., Respondents

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

January 24, 1967


Order entered November 5, 1965, unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, and the motion for a further bill of particulars is denied.

CPLR 3042 (subd. [d]) provides that in the absence of special circumstances, a motion addressed to a defective bill of particulars, either seeking preclusion or directing the service of a further bill, "shall be made within ten days after the receipt of the bill claimed to be insufficient...

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