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LOOMIS v. SEBASTA

43 A.D.2d 877 (1974)

James Loomis, Respondent, v. Paul P. Sebasta, Appellant

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

January 17, 1974

Plaintiff commenced this action for damages sustained in an automobile accident on May 14, 1970. Issue was joined and a demand for a bill of particulars was made. Defendant moved for a preclusion order on August 21, 1970, plaintiff's attorney did not appear, and a conditional 30-day order was entered on September 23, 1970 and served on plaintiff's attorney on September 30, 1970. No bill of particulars was ever served until October...

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