SCANLON v. RHODES SCH.


76 A.D.2d 813 (1980)

Sharon Scanlon, an Infant, by Her Father, Cornelius Scanlon, et al., Respondents, v. Rhodes School, Appellant, et al., Defendant

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

June 26, 1980


There is no excuse for the failure of plaintiffs to comply with the demand for a bill of particulars for approximately six months before a conditional order of preclusion, and six weeks to two months after the expiration of the 30-day period allowed in the conditional order of preclusion. On the other hand, the bill of particulars was attempted to be served about three months before plaintiffs' motion to compel acceptance thereof and the defendant's cross motion for summary...

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