SMITH v. SURIN


34 A.D.2d 588 (1970)

Jean Smith et al., Respondents, v. Ann Surin, Appellant

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

March 9, 1970


MEMORANDUM BY THE COURT.

In this negligence action commenced in 1967, based on an automobile accident occurring in 1964, appellant's demand for a bill of particulars was not complied with. When appellant moved for an order of preclusion, respondents failed to appear in opposition and filed no opposing affidavits. Appellant contends that she caused a copy of the preclusion order to be served upon respondents' attorney by mail on December 8, 1967, and submits an affidavit...

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