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GERR v. WEISSBERG

62 A.D.2d 931 (1978)

Lester Gerr et al., Respondents, v. William Weissberg, Appellant, et al., Defendant

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

April 6, 1978

We find that Special Term abused its discretion in denying defendant's motion for summary judgment on condition that plaintiffs serve a verified bill of particulars in compliance with defendant's demand (see Le Frois Foods Corp. v Aetna Ins. Co., 47 A.D.2d 994). The order entered May 28, 1974 precluded particulars of plaintiffs' claim unless plaintiffs submitted a fully responsive bill of particulars within 20 days from service of...

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