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WALTER S. PRATT & SONS, INC. v. KINGSLEY DRILLING & BLASTING, INC.

52 A.D.2d 997 (1976)

Walter S. Pratt & Sons, Inc., Plaintiff, v. Kingsley Drilling & Blasting, Inc., Respondent, and Tibbetts Water & Waste, Inc., Appellant, et al., Defendant

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

May 20, 1976

Appellant Tibbetts Water & Waste, Inc., interposed a counterclaim in this action against its subcontractor, the respondent Kingsley Drilling and Blasting, Inc., but did not submit a bill of particulars in reply to respondent's notice requesting the same. When respondent thereafter moved for an order of preclusion, appellant contended that several items demanded were beyond the proper scope of a bill of particulars and presses the same argument on this appeal following...

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