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WILKINSON v. HIGBEE

54 A.D.2d 612 (1976)

Judy D. Wilkinson, as Administratrix of The Estate of Donald B. Wilkinson, Deceased, Appellant, v. George W. Higbee, Respondent George W. Higbee, Third-Party Plaintiff-Respondent, v. Helen L. S. Rabjons, Third-Party Defendant-Respondent

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

September 24, 1976

Order and judgment unanimously affirmed, without costs.

Memorandum:

Defendant moved for an order of summary judgment dismissing plaintiff's complaint and plaintiff cross-moved for an order directing defendant to accept her tendered bill of particulars and to vacate an order of preclusion. Special Term denied plaintiff's motion and granted defendant's motion, holding that the admitted "law office failure" or "law office inadvertence" of plaintiff's attorney...

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