FUTIA v. KOREN


31 A.D.2d 772 (1969)

Joseph Futia, Respondent, v. Joseph L. Koren et al., Appellants

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

January 13, 1969


Per Curiam.

The accident which gave rise to the action occurred on July 18, 1963. The action was commenced by service of a summons, dated July 22, 1963, without a complaint. Following a motion and the entry of a conditional order of dismissal, the complaint was served on April 3, 1964. After service of defendants' answer and demand for bill of particulars, and failure of compliance with the demand, a motion to preclude was made and the court granted a 30-day...

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