BERNARD CESAR, INC. v. EBERLE


41 A.D.2d 898 (1973)

Bernard Cesar, Inc., Respondent, v. George F. Eberle et al., Appellants

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

April 13, 1973


Order unanimously affirmed, without costs.

Memorandum:

Defendants appeal from an order at Special Term which denied their motion for a preclusion order and granted plaintiff's cross motion to stay service of a bill of particulars until 20 days after completion of disclosure proceedings. CPLR 3042 (subd. [a]) provides that a motion to vacate or modify a demand for a bill of particulars is the method of obtaining protection from a premature or improper demand...

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