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MIESS v. WALKOWIAK

27 A.D.2d 797 (1967)

Paul T. Miess et al., Respondents, v. Robert Walkowiak et al., Appellants

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

February 23, 1967

Order unanimously reversed, without costs, and motion denied.

Memorandum:

There is insufficient support in the record for the order made three years after the accident and 18 months after plaintiff's original bill had been served. "A motion for leave to serve an amended bill of particulars must be supported by an affidavit of a person with knowledge of the facts" (6 Carmody-Wait 2d, New York Practice, § 36:67; Montondo v. Petty,

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