CICCARELLI v. WELCOME


50 A.D.2d 1046 (1975)

Carmen Ciccarelli et al., Respondents, v. Petrea Welcome, Appellant

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

December 30, 1975


A brief chronology of events is necessary to demonstrate why the order denying the motion to dismiss the complaint must be reversed. A 30-day conditional order of preclusion was entered against plaintiffs on October 5, 1972 for failure to comply with a demand for a bill of particulars dated June 26, 1972. Defendant's attorney authorized two extensions of time for compliance, but ultimately was required to advise plaintiffs' attorney, in writing, on December 27, 1972 that...

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