NEUFELD v. ROOME


84 A.D.2d 503 (1981)

Elizabeth Neufeld, Respondent, v. Norman Roome, Appellant

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

October 6, 1981


Respondent shall recover of appellant $75 costs and disbursements of this appeal.

Silverman, J., dissents in part in a memorandum as follows:

I would reverse the order appealed from, at least to the extent of denying plaintiff's motion to vacate the order of preclusion. In my view the grant of that motion was an abuse of discretion. In this medical malpractice action, defendant demanded a bill of particulars on November 29, 1977. As of the date...

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