MELENDEZ v. LAYTON


83 A.D.2d 655 (1981)

Jesus Melendez, an Infant, by Manuel Melendez, et al., His Parents, Respondents, v. Theresa L. Layton, as Administratrix of The Estate of Robert Layton, Deceased, Defendant, and Ida Eisman et al., Appellants

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

July 2, 1981


With no bill of particulars having been served for some seven months after the entry of a 30-day order of preclusion, defendants Eisman and Zorne moved for summary judgment on the ground that preclusion of the items sought in the demand for a bill of particulars left plaintiffs unable to prove a prima facie case. Plaintiffs cross-moved for an order discontinuing the action on the ground that a similar action was pending in Federal District Court, commenced after plaintiffs...

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