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SCHOLEFIELD v. DE CORDIER

70 A.D.2d 351 (1979)

Kimberly L. Scholefield, Respondent, v. Michael F. De Cordier, Defendant, and New York Infirmary, Appellant

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

November 1, 1979

Attorney(s) appearing for the Case

Goldstein & Goldstein (Richard A. Stoloff of counsel), for appellant.

Wiess, Ingber & Lagarenne (Lawrence E. Lagarenne of counsel), for respondent.

SWEENEY, J. P., STALEY, JR., MIKOLL and HERLIHY, JJ., concur.

KANE, J.

In this malpractice action against a physician and the hospital in which he performed surgery on the plaintiff, the hospital appeals from the denial of its motion for summary judgment based on plaintiff's failure to supply a bill of particulars. The bill was demanded on March 31, 1978 and, in the absence of any response, a 30-day conditional order of preclusion was entered by consent on May 12, 1978...

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