BARRY v. NIAGARA FRONTIER TRANSIT SYS., INC.


38 A.D.2d 878 (1972)

Dorothy Barry et al., Respondents, v. Niagara Frontier Transit System, Inc., Appellant

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

February 25, 1972


Order unanimously reversed, with costs, and motion denied without prejudice to the right of plaintiffs to renew it at Special Term upon proper notice and supporting papers.

Memorandum:

After a jury was drawn and this case was assigned to a Trial Justice for trial, plaintiffs, without prior notice to defendant and without supporting affidavit or other papers, made an oral motion for permission to serve a supplemental bill of particulars of the acts of negligence...

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