BARTON v. LA POINTE


67 A.D.2d 760 (1979)

Beryl H. Barton et al., Respondents, v. David G. La Pointe et al., Appellants

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

January 11, 1979


A 30-day conditional order of preclusion against the plaintiffs was signed on February 21, 1977 for failure to comply with a demand for a bill of particulars, dated October 14, 1976. Defendants claim that a copy of the order, together with notice of entry, was mailed to plaintiffs' attorney on March 2, 1977. Plaintiffs' attorney, however, claims that he never received them and argues that the 30-day time period never began to run. In any event, plaintiffs never served the...

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