LUTZA v. BOLLACKER


36 A.D.2d 789 (1971)

John Lutza et al., Respondents, v. Robert C. Bollacker et al., Appellants

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

March 16, 1971


In this negligence action to recover for personal injuries and property damage and upon plaintiffs' failure to serve any bill of particulars responding to the demand, defendants obtained an order of preclusion which provided that it would be effective unless plaintiffs served, within 30 days after service of the order, a bill as required by the demand. A bill was served within said period but it was returned by defendants because it failed to describe the injuries claimed...

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