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ALBANY HOUS. AUTH. v. M. SCHER & SON, INC.

73 A.D.2d 995 (1980)

Albany Housing Authority, Respondent, v. M. Scher & Son, Inc., Appellant, et al., Defendants

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

January 17, 1980

Having received no answer to its demand for certain particulars in this negligence and breach of warranty action, defendant M. Scher & Son, Inc., moved for an order of preclusion. Since plaintiff had not previously applied in a timely fashion to vacate or modify the notice requesting such particulars (CPLR 3042, subd [a]), Special Term should not have entertained its belated cross motion for that type of relief unless the items...

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